QUESTION

In Virginia is the Non Custodial Parent have to provide separate room for the child to sleep in when she is with him?

Asked on Jan 12th, 2012 on Family Law - Virginia
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1 ANSWER

Majessire Smith
The basic premise of family law in Virginia is the best interest of the child. There is no hard and fast rule that any particular parent must provide any particular sleeping arrangements for the child. The circumstances will be evaluated in their totality. In a proceeding to alter the custodial arrangement for instance, to limit the non custodial parent's visitation, the sleeping arrangements will certainly be considered. Is the child sleeping on the couch in the living or on the basement floor? Is the child comfortable? Does the child have the appropriate amount of privacy for his or her age? Does the child share a bedroom with a sibling? Things like that will be considered. Just because a child does not have their own bedroom does not mean that the arrangement is not in the child's best interest. It may or may not be depending on all of the facts. It also depends on the purposes for which the question is being asked. Whether it is being asked for the purposes of determining custody, or whether you are asking if CPS would remove a child who does not have a separate bedroom. But ultimately, it is not black and white and it is not an automatic bar to custody without a showing that it is not in the best interest of the child.
Answered on Jan 13th, 2012 at 4:40 PM

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