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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29822
Experience:  Attorney with experience in family law.
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My sister is going through a nasty divorce. She and her husband

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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?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your sister's situation.

If there is a court order stating that her husband gets the boy while she's working, and he doesn't believe that he is being properly cared for, she can file a Motion to Modify Temporary Custody Order, explaining why she doesn't believe it's in the best interests of the child to spend time with the father right now. Five years old should be old enough for the boy to tell the judge where he is sleeping and showering, as long as he understands what it means when someone promises to tell the truth.

If she has evidence that someone else is renting that property, and that the father and son are not sharing the master bedroom (aside from what he tells her), that will also help the case.

If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for helping you today. Thank you.
Lucy, Esq. and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you very much. I will give her this information.