If a child’s mother does not have a house and stays somewhere different with her child everynight, is this reason for her to not have custody?

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If a child’s mother does not have a house and stays somewhere different with her child everynight, is this reason for her to not have custody?

If the other parent has a stable home and a bedroom for that child is she allowed to bounce him around every night to a different house and keep his and her clothes in the trunk of her car? She is basically homeless

Asked on December 12, 2012 under Family Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two types of custody, which are physical custody and legal custody.  Physical custody means the parent with whom the child lives.  Legal custody means making decisions about the child's education, health care, etc.

You have strong legal arguments for sole physical custody since you have a stable home environment for your child, while the mother is homeless.  As for legal custody, it is possible that both parents could have joint legal custody for making decisions about the child's education, health care, etc.


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