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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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Im in the state of California and will be moving into a 2

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I'm in the state of California and will be moving into a 2 bedroom apartment. Three children ages 8 (girl) 11( boy) and 12 (girl) will be sharing a room. The girls will have a bunk bed and the boy will have a single bed. Can my ex hub prevent this move based on the living arrangement? He is asking questions beyond what I am legally bound to require and I am worried that he will try to prevent this move. We have 50/50 custody and these living arrangements are temporary as I save to buy a home. The oldest girl is my boyfriends daughter. We are moving in together in order to save for a home and have been functioning as a family for two years. Please advise.

Brandon M. :

Hello there.

Brandon M. :

Hi, can you see this?

Customer: Yes thank you
Brandon M. :

Great, thank you for your question.

Customer: U r welcome
Brandon M. :

There is no law preventing children of that age from sharing a bedroom, nor is there a legal presumption that it is against their best interests, so your ex husband cannot prevent the move based solely on the fact that you would have that sort of living arrangement.

Customer: If he were to call out CPS, which he may do based on his past behavior, can they determine otherwise?
Brandon M. :

As you mentioned, it is only temporary--but even if it wasn't, the financial inability to provide more space is not a factor considered for purposes of custody. California doesn't discriminate against people for being poor.

Brandon M. :

To answer your question about CPS, as long as the kids are not in danger of abuse or neglect, CPS has no basis for getting involved in any case.

Brandon M. :

Whenever I am representing a parent and the other parent wants to claim that the kids need to have their own bedrooms, my response is that if that's true, the obvious solution is that the complaining parent needs to pay more child support. That usually shuts them up.

Customer: Ok. I do appreciate your help . I will be working with an atty, but he will not be secured prior to the move. My ex has attempted to cause problems for me without cause...a type of narcissistic bullying and I need this help. Lol. That is what my boyfriend says! Thank you so very much.
Customer: Ex is a narcissist with Asperger's syndrome and has not been participating in co parenting...only in criticizing and challenging. Thank u.
Brandon M. :

Obviously, make sure that the kids have privacy when changing their clothes. Also, if there is any warning sign that there may be inappropriate contact between the kids, it needs to be remedied immediatley.

Brandon M. :

My pleasure. I wish you the best.

Customer: Yes.. I am an educator of 15 yrs and a mandated reporter myself. We monitor the children carefully m
Customer: Tank you. Enjoy your evening!
Brandon M. :

Perfect. Enjoy your new place.

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