I have shared physical custody of my child with my ex. I recently had to move into a one bedroom apartment. If my ex finds out about this and files something, would I be likely to lose my overnight custody time? Would this be considered a failure to “attend to the daily physical, emotional, developmental, educational and special needs of the child” under §5328(a)(10)? Would the Court be likely to be OK with my child sleeping in the bedroom while I sleep on the couch? Does a child have to have their own bedroom, or just their own place to sleep?
A lot depends on the terms of your underlying custody orders. Get with an experienced family law attorney asap -- and do understand that you have now publicly admitted your living situation.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
There are more factors taken into account by a court in custody matters than the number of bedrooms. Accomodations can be proper for shared custody if the child has their own bedroom and adequate privacy. They will look at the child's age and preference and what is in their overall best interest. Contact a family law attorney as soon as possible to go over the factors a court must look at in detail to see if you are at risk of losing shared physical custody in the other parent moves to modify custody.
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