Can I take full custody back from my ex-husband if he doesn’t have enough rooms for everyone to sleep in?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I take full custody back from my ex-husband if he doesn’t have enough rooms for everyone to sleep in?

I share joint custody of my son. My ex has a 2-bedroom apartment and ready to move in a couple. Then there will be 3 adults, 1 soon to be born infant and a 5 year old child in the apartment.

Asked on September 18, 2012 under Family Law, Iowa

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The living conditions for your child are certainly a concern.  This is way too many people for a two bedroom apartment.  (His landlord may not be happy about the arrangement either... since they usually put a restriction on the number of occupants by lease and by residential zoning restrictions).  If this is not a temporary "crash for the night" arrangement and they do move in, then you would have a solid basis for seeking modification of the custody agreement.  Before you file your petition, see if you can contact the city where you live to see what the residential restrictions are for his apt. complex.  They would be very good and neutral evidence that your child is being subjected to a grossly overcrowded living arrangement.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption