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8 yr old son sleeping in same bedroom as mother on visitation days

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peabuddy

Junior Member
What is the name of your state (only U.S. law)? Nevada

HI everyone,

I am new to this site. I found it through a web search for family law.
My situation is this; I have been seperated from my wife for 13 mos now and I have had a concern with my 8yr old son sleeping at her house. They share the same bedroom. A number of people have said it is illeagal for parents of the oposite sex to cohabitate in the same room wheather or not it's in the same bed. He does sleep on a blow up mattress on the floor. she has said to me multiple time that when her lease was up (10/09) she would get a 2 brm apt. she has not done that, and I want to know if this is exceptable to the courts??? any and all comments are welcomed as I am representing my self in court. We have not yet been infront of a judge as of this date 10-28-09. I am also considering asking for temp Physical custody before we finalize the decree.What is the name of your state (only U.S. law)?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Nevada

HI everyone,

I am new to this site. I found it through a web search for family law.
My situation is this; I have been seperated from my wife for 13 mos now and I have had a concern with my 8yr old son sleeping at her house. They share the same bedroom. A number of people have said it is illeagal for parents of the oposite sex to cohabitate in the same room wheather or not it's in the same bed. He does sleep on a blow up mattress on the floor. she has said to me multiple time that when her lease was up (10/09) she would get a 2 brm apt. she has not done that, and I want to know if this is exceptable to the courts??? any and all comments are welcomed as I am representing my self in court. We have not yet been infront of a judge as of this date 10-28-09. I am also considering asking for temp Physical custody before we finalize the decree.What is the name of your state (only U.S. law)?

you really need to stop listening to those people. seriously. it is not illegal to sleep in the same room as your children. if that were the case family beds would be illegal. i take it, it's been awhile since youv'e been bed shopping?
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Nevada

HI everyone,

I am new to this site. I found it through a web search for family law.
My situation is this; I have been seperated from my wife for 13 mos now and I have had a concern with my 8yr old son sleeping at her house. They share the same bedroom. A number of people have said it is illeagal for parents of the oposite sex to cohabitate in the same room wheather or not it's in the same bed. He does sleep on a blow up mattress on the floor. she has said to me multiple time that when her lease was up (10/09) she would get a 2 brm apt. she has not done that, and I want to know if this is exceptable to the courts??? any and all comments are welcomed as I am representing my self in court. We have not yet been infront of a judge as of this date 10-28-09. I am also considering asking for temp Physical custody before we finalize the decree.What is the name of your state (only U.S. law)?
On what grounds?
 

Cyndi59

Member
As a single parent

My daughter slept with me until she was 14 years old. I know some people won't agree with that, but her ped said it was fine.:eek:
Now, she's married with 3 children and her children always slept with her until they were 3 years. She's an AWESOME mother!
 

Isis1

Senior Member
My daughter slept with me until she was 14 years old. I know some people won't agree with that, but her ped said it was fine.:eek:
Now, she's married with 3 children and her children always slept with her until they were 3 years. She's an AWESOME mother!
i sleep in the same room with 2 boys and 1 girl. sometimes, we all fall asleep on the same couch. all over me. sometimes, each in their own bed, but still in the same room.
 

peabuddy

Junior Member
The grounds I feel are these:

1 My wife told me she would get a 2brm apartment for them and she the leased a 1 bdrm.
2. She held a high level posistion (70K) with paid insurance she (my opinion) puposely left that job and has gone to a 30hr weekly job with no insurnace and 1/4 of the pay to keep from having the possibilty of allimony or child support. (I myself have a job where insurance is not availible.
3. for the past 13mos she has yet to agree to any visitation schedule nor provide her own. That puts a large strain on our son as he really never knows when or where he'll be from one night to the next. Not to mention getting him to and from school.
4. She has been diagnosed with Bipolar manic depression, and since Nov 08' has not been on her medication nor was she taking the prescrobe medicine 1 yr prior to that. Which I feel is NOT in our sons best interest.
So wheather or not she has insurance she has made consious decisions not to take care of herself which I belive flows over to our child.

I have moved in with my parents after the breakup and he has had his own room and has a loving inviroment with me. Not to say she doesn't love him.
I am saying her stae of mind may not be the best to competantly provide for him. She and I agreed that by OCT 09 she would have a 2brm and she has been offered full time with the casino she works at but has yet to accept and recieve insurance to assist with her illness.

Since she has made concious decisions not to this for our child, It would not be in his best intrest for us to share physical custody like we have been. It has truely been a nightmare trying to ballance the time with us. not to mention homework not getting done, late nights with him at her friends house on school nights to midnight and not ever having a structured visitaion schedule. I'm not trying to bash her as a mother while we were living as a family she was a great parent.


I understand parents and children ploping down on the couch for movie night and fallin asleep. but for the opposite sex (mother & son/ Father & daughter) does not seem appropiate. Nor do the 15 apartment complexes I have called in the las vegas area and asked about sleeping conditions for minor children
 
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Proserpina

Senior Member
The grounds I feel are these:

1 My wife told me she would get a 2brm apartment for them and she the leased a 1 bdrm.
So?

2. She held a high level posistion (70K) with paid insurance she (my opinion) puposely left that job and has gone to a 30hr weekly job with no insurnace and 1/4 of the pay to keep from having the possibilty of allimony or child support. (I myself have a job where insurance is not availible.
Can you prove that she is voluntarily underemployed?

3. for the past 13mos she has yet to agree to any visitation schedule nor provide her own. That puts a large strain on our son as he really never knows when or where he'll be from one night to the next. Not to mention getting him to and from school.
It takes two to agree - are your terms reasonable? Why didn't you try to address this earlier?

4. She has been diagnosed with Bipolar manic depression, and since Nov 08' has not been on her medication nor was she taking the prescrobe medicine 1 yr prior to that. Which I feel is NOT in our sons best interest.
How does this endanger your son?

So wheather or not she has insurance she has made consious decisions not to take care of herself which I belive flows over to our child.
Prove that he is suffering as a result of this.

I have moved in with my parents after the breakup and he has had his own room and has a loving inviroment with me. Not to say she doesn't love him.
I am saying her stae of mind may not be the best to competantly provide for him. She and I agreed that by OCT 09 she would have a 2brm and she has been offered full time with the casino she works at but has yet to accept and recieve insurance to assist with her illness.
Ditto last answer - and did a court order her to have a 2 bedroom place?

Since she has made concious decisions not to this for our child, It would not be in his best intrest for us to share physical custody like we have been. It has truely been a nightmare trying to ballance the time with us. not to mention homework not getting done, late nights with him at her friends house on school nights to midnight and not ever having a structured visitaion schedule. I'm not trying to bash her as a mother while we were living as a family she was a great parent.
I'm not seeing enough to justify sole custody (even temporary) - specially if this has been going on for 13 months and you've only now wanted to do something about it, y'know?
 

Isis1

Senior Member
The grounds I feel are these:

1 My wife told me she would get a 2brm apartment for them and she the leased a 1 bdrm.
2. She held a high level posistion (70K) with paid insurance she (my opinion) puposely left that job and has gone to a 30hr weekly job with no insurnace and 1/4 of the pay to keep from having the possibilty of allimony or child support. (I myself have a job where insurance is not availible.
3. for the past 13mos she has yet to agree to any visitation schedule nor provide her own. That puts a large strain on our son as he really never knows when or where he'll be from one night to the next. Not to mention getting him to and from school.
4. She has been diagnosed with Bipolar manic depression, and since Nov 08' has not been on her medication nor was she taking the prescrobe medicine 1 yr prior to that. Which I feel is NOT in our sons best interest.
So wheather or not she has insurance she has made consious decisions not to take care of herself which I belive flows over to our child.

I have moved in with my parents after the breakup and he has had his own room and has a loving inviroment with me. Not to say she doesn't love him.
I am saying her stae of mind may not be the best to competantly provide for him. She and I agreed that by OCT 09 she would have a 2brm and she has been offered full time with the casino she works at but has yet to accept and recieve insurance to assist with her illness.

Since she has made concious decisions not to this for our child, It would not be in his best intrest for us to share physical custody like we have been. It has truely been a nightmare trying to ballance the time with us. not to mention homework not getting done, late nights with him at her friends house on school nights to midnight and not ever having a structured visitaion schedule. I'm not trying to bash her as a mother while we were living as a family she was a great parent.
but now that your not living together, she isn't?


how is mom being bipolar affecting her as a parent? how do you KNOW for a fact that mom is not taking her meds.

you: your honor, she's not taking her meds

judge: is that true, mom?

mom: no, your honor, i'm taking my meds.

judge: okay, mom is taking her meds.


mom is allowed to work less hours. she also allowed to stall on taking a new offer.

is the visitation schedule court ordered?

mom is legally allowed to have a 1 bedroom with the child. doesn't matter what she promised you. you promised her wedding vows, that didn't work out so well did it? not a legal requirement. you living with your parents and only providing a room for him because of them, doesn't make your light shine brighter then mom's.
 
So?



Can you prove that she is voluntarily underemployed?



It takes two to agree - are your terms reasonable? Why didn't you try to address this earlier?



How does this endanger your son?



Prove that he is suffering as a result of this.



Ditto last answer - and did a court order her to have a 2 bedroom place?



I'm not seeing enough to justify sole custody (even temporary) - specially if this has been going on for 13 months and you've only now wanted to do something about it, y'know?
I know a guy that slept in the same bed as his mom and wet the bed until fourteen. It may not be illegal, but it is damaging to children. That is a boundary issue...but not illegal
 

Isis1

Senior Member
I know a guy that slept in the same bed as his mom and wet the bed until fourteen. It may not be illegal, but it is damaging to children. That is a boundary issue...but not illegal
wetting the bed, has been known to be a sign for something seriously wrong.
 

Proserpina

Senior Member
I know a guy that slept in the same bed as his mom and wet the bed until fourteen. It may not be illegal, but it is damaging to children. That is a boundary issue...but not illegal
Where exactly is it stated that Mom sleeps in the same bed as OP's child?
 
wetting the bed, has been known to be a sign for something seriously wrong.
Yes...that was one of the symptoms that my stepdaughter came back with from her father's house. Sometimes step parents are asking questions for legit reasons.. It might be more beneficial to children if answers were given to legit questions instead of hammering step parents all the time for trying to help. Trying to help and over stepping are two different things..
 

Proserpina

Senior Member
Yes...that was one of the symptoms that my stepdaughter came back with from her father's house. Sometimes step parents are asking questions for legit reasons.. It might be more beneficial to children if answers were given to legit questions instead of hammering step parents all the time for trying to help. Trying to help and over stepping are two different things..
As are asking pertinent questions and offering irrelevant information.
 
mom is legally allowed to have a 1 bedroom with the child. doesn't matter what she promised you. you promised her wedding vows, that didn't work out so well did it? not a legal requirement. you living with your parents and only providing a room for him because of them, doesn't make your light shine brighter then mom's.
Sorry, gotta chirp in here.....

If you want to bring up what CPS would classify as a adequate living enviornment, it would be one room for 2 children, sex and age appropriate.

Secondly, as for the living with the parents situation, it doesn't hurt. If the kids have there own room and the family is willing to help them all out, it actually would show a sign of family support. According to your logic, that means someone should risk finding a new bf/gf to help them raise the children and then brag about that persons own stability.

My judge did not mind that I am living with my parents cuz I am a construction worker who is attending school to advance and stabalize my career. I had a reason for the move, it was justified, and the judge even told my ex (soon to be...first hearing) "it's not just a home, it's their home" when she sought to get temporary based on her and her boyfriend having a 2 bedroom apt and me moving in with parents due to unemployment and school.
 

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