QUESTION
My son gets his 4 yr old son on weekends. Does he have to provide a separate bedroom for the child or can they share a room with separate beds?
Asked on Jan 24th, 2012 on Child Custody - Virginia
2 ANSWERS
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It is not uncommon for a custody/visitation order to include the following provision, "In all over-night visitations, suitable, reasonable sleeping and living accommodations will be provided the child." Dad should make sure that he provides what is "suitable and reasonable" to ensure his son's safety and comfort, in accordance with his age and developmental needs. The above response has been provided for general guidance on matters of interest only and is not intended as a legal advice. No attorney-client relationship has been created between the reader of this response and The Law Office of Karen M. Holman, PLLC.
Answered on Jan 31st, 2012 at 1:41 PM
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There is no strict rule about children having a separate bedroom. The father needs to provide for the child's basic needs and act in the best interest of the child. If he were able to provide a separate bedroom and just refused to, that would be questionable. But if this is what he is able to provide and otherwise the child would not get to see his father, then it is hard to imagine that it would be a problem. I have known many clients, especially during these tough financial times, who have shared bedrooms with their children. Another accommodation I have seen is the parent giving the child their bed for the weekend and the parent sleeping on the couch in the living room.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Jan 30th, 2012 at 1:56 PM