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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36720
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Thank you for your military law answer. I havent rated yet

This answer was rated:

Thank you for your military law answer. I haven't rated yet because I haven't had time to really sit down and think it through and talk with my friend. I will rate as soon as I get a chance. My next question has to do with child and family law. So can you recommend me to an appropriate and highly respected child and family law expert that I can use for my next question. It has to do with child neglect and divorce. Thank you in advance for your suggestions.
Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

What question do you have with regard to child neglect and divorce?

Doug
Customer: replied 4 years ago.

My sister is going through a nasty divorce. She and her husband live in San Diego. They have a five year old son. My sister says that the "house" her husband is living in is not supposed to be a residence. She says that he is having their son (who has asthma) shower in the nasty garage as opposed to the house bcs he's renting the rest of the house out since he doesn't work and needs to have some income to pay his mortgage (the mortgage is for the property that has an actual house that is also being rented). She says he told the judge that his son was sharing the master bedroom with him which apparently is untrue bcs his son is sleeping on the living room floor on a mattress with his dad due to the rest of the house being rented out. My sister is worried that her son is not being taken care of and that his asthma might be triggered by the nasty garage. Is there anything she can do?


 


 

Customer: replied 4 years ago.

My sister is going through a nasty divorce. She and her husband live in San Diego. They have a five year old son. My sister says that the "house" her husband is living in is not supposed to be a residence. She says that he is having their son (who has asthma) shower in the nasty garage as opposed to the house bcs he's renting the rest of the house out since he doesn't work and needs to have some income to pay his mortgage (the mortgage is for the property that has an actual house that is also being rented). She says he told the judge that his son was sharing the master bedroom with him which apparently is untrue bcs his son is sleeping on the living room floor on a mattress with his dad due to the rest of the house being rented out. My sister is worried that her son is not being taken care of and that his asthma might be triggered by the nasty garage. Is there anything she can do?


Good morning Lisa,

Thank you for the additional information.

The fact that your friend's child is made to shower in garage, as opposed to a bathroom in the home does not constitute neglect. And unless his asthma flares because of the living conditions and his father does nothing about the flare---a claim of neglect is also unlikely to be sustained by the court.

While I'm not sure what your friend means when she says that the "house" her husband is living in is not supposed to be a residence. It sounds like a legal residence---with perhaps too many people sharing the space---but a legal residence never-the-less.

While none of this living situation is sever enough to call it outright neglect and involve CPS in CA, it is relevant to which of them will be granted primary custody in the divorce. Additionally, as the father is living with other individuals at this property, and the son is not even allowed to use the bathing facilities inside the home---it might be appropriate to ask the court to appoint a Guardian ad Litem (GAL) to look into the claims of the mother as regards XXXXX XXXXX than healthy living arrangement her son is being exposed to---and if that is ordered, then the GAl will report back to the court and make a recommendation for custody based on the best interests of the child. This may well work to your friend's benefit.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug
LawTalk and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you so much. I appreciate it.

Thank you for your positive rating of my service, Lisa. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.