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AttorneyTom, Lawyer
Category: Family Law
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My son is the non-custodial parent for his two children, son

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My son is the non-custodial parent for his two children, son 10 years old, daughter 6-1/2 years old. He is temporarily living with us (his parents) as did his ex-wife and the two children two years ago. Because of limited space, and because they ALWAYS have, the children take turn sleeping in bed with my husband and I. His ex-wife has been found in contempt of court three times in the past six months due to visitation and health issues, and she just won't let it go. Now she wants to make sure that each of the children have their own bed when they are with their Dad. When the ex-wife lived here, we had the same arrangement, the children took turns sleeping in bed with my husband and myself. (We have been Nana and Baba to these babies since the 10 year old was old enough to name us!) I realize they are getting older, and quite honestly, the quality of sleep we (don't) get wears on us as we are getting older. With that being said, what right does she have to dictate what the children do when they are with their Dad? We live in Washington State, and yes, we know, Grandparents have NO rights in this state. Thank you!
Submitted: 4 years ago.
Category: Family Law
Expert:  AttorneyTom replied 4 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I'm sorry to hear about the situation!

I would like to make sure that I know what information you want so that I can ensure that my response addresses the issues you're wondering about.

What exactly do you want to know?

Thank you!
Customer: replied 4 years ago.
Can she take him to court for this?
Expert:  AttorneyTom replied 4 years ago.
Yes. If one parent feels that another parent is providing insufficient living accommodations for a child, the parent can petition the court to require the parent to alter those accommodations or to modify custody. Courts generally expect a parent to provide each child with his/her own sleeping space and a court may frown on a parent not providing a child with his/her own individual bed. Unfortunately, the fact that requiring children to share a bed with someone else has never previously bothered a parent does not necessarily change the fact that courts expect children to have their own sleeping area (not necessarily a separate room).

Just let me know if you need any clarification!

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