Hello, so I currently am fighting for custody of my child. Things are looking good and the hopes are that he's fully returned by August. My issue is the housing I'm on ends in June and I cannot afford rent in the Portland area (which I have to stay for DHS to keep up to date on me). So I was recently gifted a travel trailer and know of a place to park it. There are obvious aspects to think about like heat running water lights is it childproof etc. But is it legal with the right steps? Would me living in one hinder me winning custody because that's all I can afford?
No law inherently prohibits a parent from living in a trailer with their child. But you know that isn't the end of the story.
It's not clear to me from the question exactly what your situation is, legally speaking. The term "custody" could mean several different things depending on the context. If you are involved in a custody dispute with the child's other parent, then the legal standard that the court will apply is, what is in the child's best interests? A parent's residence is just one thing that a court can look at when deciding what is in a child's best interests, but it can be a persuasive one. All things being equal, a parent who lives in a house with hear and water and a private bedroom will have a substantial advantage over a parent who lacks those things, especially if the child has already been living in the other home for a time. You would need to be able to prove to the court that it was in the child's best interests to live with you. That can be difficult if your housing situation is so insecure. You should more likely expect to get some time with the child, which might expand if you find yourself in a better housing situation.
If, instead, you're involved in a Juvenile Court case, then the standards are different. In theory they're easier: if the state has custody of your child, then they're supposed to return them to you (or the child's other parent, if they're more suitable) if you can demonstrate that you are minimally competent. But if the state has taken your child from you, then that means that they've already demonstrated that you presented a risk of harm to the child, which means you have to be prepared to prove that you're in a better place than you were when it happened. You have the right to be represented by an attorney, at taxpayer expense if necessary, if you're involved in a juvenile dependency case. You should take advantage of it. This is not a problem that can be solved by a few lines of text over the internet.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
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