Custody Dispute: When Living Conditions Are Unsafe
Having been through a divorce or separation, your child has already suffered a high degree of emotional trauma. Enough early childhood trauma can cause serious developmental issues in regards to future relationships, education, emotional stability, and general happiness. According to Mental Health Connection, divorce/separation or loss of a loved one (parent) is an early childhood trauma. With that said, it is crucial to provide as much emotional and physical protection for your child in the years to come, and this includes protection from the other parent who has custody and who you know is not fit to be looking after your child. One common type of problem that our lawyers have helped solve is when a parent with custody, or a parent with visitation rights, is living in an unfit residence that poses a threat to your child. If you are in a custody battle or believe that your child’s well being is being put at risk from a parent with custody or visitation rights, you need to contact a San Jose custody attorney as soon as possible.
Types of Dangerous Residences
A home needs to be safe and clean, and the living conditions need to be stable. If non-family members are coming and going at odd hours, dangerous acquaintances or romantic relations spend time at the residence when your child is there, or the dwelling itself poses a physical risk, there may be grounds to revoke custody or visitation rights. A judge will always side with the child’s best interests, which may align with having a safe living environment over maintaining the living relationship with the other parent.
Substandard Living Conditions in California
A dwelling may be considered to have “substandard conditions” under California’s Housing Laws and Regulations if any of the following (and more) are true:
- Lacks a kitchen sink;
- Lacks a water closet, lavatory, or bathtub/shower;
- Lacks hot or cold water;
- Lacks heating or ventilation equipment;
- Lacks minimum required natural light and ventilation;
- Lacks proper sewage;
- Lacks proper electrical lighting;
- Is infested with insects, vermin, or rodents;
- The room and space dimensions are not to code;
- Flooring or floor supports are either insufficient in size to carry the load, or are deteriorating;
- Walls are leaning, buckling, or sagging due to deterioration or lack of sufficient size to carry the load; and
- Ceiling or roof is sagging and is defective.
A San Jose Family Law Attorney Is Here to Help Today
Your child’s well being is of your utmost priority, and that is the priority of California family courts as well. If your child is being put in an unsafe or traumatic living situation because of the other parent’s dwelling, you need to contact an attorney. Reach out to the San Jose custody attorneys with the law offices of Gemma V. Reyes today for assistance with your case.