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Does each child have to have their own bed?

Morris Plains, NJ |

When my daughter, age 7 and my son, age 10 spend every other Friday - Sunday with their dad, my daughter sleeps in the full size bed with her dad or by herself. My son always sleeps on the floor- no air mattress just pillow and blanket. When their dad isn't in bed with my daughter he will sleep on the floor too.
My ex doesn't have a place of his own . He is living with his sister and her family. He has 1 bedroom to call his own and that's it!
I think its atrocious and sad that my kids don't even have their own bed there. They are at the age where they need their own space . What are laws? Do I call child protective services? I've told him for a year now he needs to get them their own bed and he just blows me off. Now my kids are complaining to me and i feel helpless!

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Attorney answers 3

Best Answer

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.

Disclaimer: This information is being provided for educational/informational purposes. It is not to be considered legal advice and no attorney/client privilege was established as a result of same.


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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