While some people cannot afford separate bedrooms, or even beds, it is inexcusable to not have a futon, or at least an air mattress for a child to sleep on. To sleep on a bare floor is probably unacceptable in the eyes of a judge. If he cannot provide adequate sleeping arrangements for one or both of the children, perhaps it is necessary to revisit the overnight parenting time until he is able to provide a comfortable place for the children to sleep. I trust you were not aware of the present sleeping arrangement when the current overnight parenting time schedule was implemented.
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It does not sound like something you would involve DYfS in but you may file a motion so the court may look at the arrangements. If he does not provide a bed and a bedroom for the children, his parenting time may be adjusted to no over-nights.
973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
I agree that it is not necessarily something that DYFS (DCPP) would find as evidence of abuse and neglect, but it is of concern that a father would be in bed with a 10 year old daughter. Certainly, if he refuses to change the living conditions, you should file a motion with court to change the circumstances to prevent overnight visits until these problems are corrected.
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