My brother's ex-girlfriend who he had a kid with keeps telling him that the kid has to have its own bedroom at his house because it's the law. She thinks she has more legal rights to the kid since she has a second bedroom. The kid does have his own bed but he just shares a room with his dad.
No. The court looks for an appropriate environment for the child and there are many factors. Another bedroom is important, for example, because what if your brother has a girl over? Then the child has no place. If his ex has ten bedrooms but smokes pot in all of them, her environment may be deemed worse for the child than his. Living conditions are an issue; number of bedrooms is not a deciding factor. Also, the age of the child is a huge factor. If the child is a baby, it may be best to sleep in the room with the parents anyway.
This is one of those questions where it is all about the equities. There is no "law" regarding bedrooms. It will depend on a number of factors, including the Judge's attitude on the subject, the age of the child, sex of the child, whether there are two or one beds in the room, number of other people in the house and their relation to dad. Given the economic situation in this state, I believe if dad and his child are sleeping in the same room in seperate beds and dad does not "entertain" while he is parenting his child, then most judges are going to allow this, especially if the child is 8-10 or under. They are going to expect a seperate bedroom for a daughter sooner than a son. I've seen my clients in the past sleep in the livingroom, so the kid can have a bedroom to himself or herself while parenting, to avoid this fight with the opposing parent. No question, dad had better be alone in the bedroom when parenting child. One of the 11 factors in the best interest of the child test for custody is the ability to provide appropriate shelter for the child, so the girlfriend is not wrong in raising the issue.
Legal disclaimer: This answer is not intended to create an attorney-client relationship. It is meant to give the questioner some general information regarding their question and the questioner should follow up by consulting with an attorney who practice in this area of law.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements