Can a judge refuse to grant me joint custody of my daughter if I live in a basement apartment?

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Can a judge refuse to grant me joint custody of my daughter if I live in a basement apartment?

Asked on November 27, 2012 under Family Law, District of Columbia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Not specifically due to that, but it is a factor that a judge will consider. In making custody decisions, judges look to the best interests and welfare of the child. Living conditions are one factor in deciding what is in the child's interests. If one parent lives in an apartment which is unsuitable or only of borderline suitability, that will weigh against custody. So, for example, while some basement apartments are very nice, if yours is one that does not get adequate light or ventiliation, is too small or dark, or has fumes or odors from nearby furnances, laundry facilities, of garbage collection room, that would a factor against your custody.


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