Can I take full custody back from my ex-husband if he doesn’t have enough rooms for everyone to sleep in?

UPDATED: Sep 18, 2012

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Can I take full custody back from my ex-husband if he doesn’t have enough rooms for everyone to sleep in?

I share joint custody of my son. My ex has a 2-bedroom apartment and ready to move in a couple. Then there will be 3 adults, 1 soon to be born infant and a 5 year old child in the apartment.

Asked on September 18, 2012 under Family Law, Iowa


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The living conditions for your child are certainly a concern.  This is way too many people for a two bedroom apartment.  (His landlord may not be happy about the arrangement either... since they usually put a restriction on the number of occupants by lease and by residential zoning restrictions).  If this is not a temporary "crash for the night" arrangement and they do move in, then you would have a solid basis for seeking modification of the custody agreement.  Before you file your petition, see if you can contact the city where you live to see what the residential restrictions are for his apt. complex.  They would be very good and neutral evidence that your child is being subjected to a grossly overcrowded living arrangement.

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