Can I lose custody of my children if...?
their bedrooms are in the lower level of our bi level home but has only one exit to the outside , code requires two?
Answers:
Look deeper into the code. Windows are sometimes considered exits for this type of purpose. The real question is what slime-ball is messing with your family?
Now that you are aware that a danger may be present, go buy smoke detectors that ALL ring when one goes off, an inexpensive extinguisher, and practice an escape plan.
Ban whoever it is that is making these threats from your home and get ready to fight the good fight.
Of course it is ridiculous, but if someone else is ready to call in the government to interfere with your children...you have big problems. In a sane world, a judge would surely order that you move the kids to different room at night before he removed them from your care.
No judge would even take that into consideration.
Is there a reason to think that they are already going to check out your house for code compliance? Do they come to check that you are meeting every code and requirement on a regular basis? Otherwise, I don't think I would worry too much about them coming by in the next few days.
However, now that you have thought about this and are aware of it, you need to find a way to change the situation. If anything ever happens to them because there was only one exit, you will forever blame yourself because you didn't take action.
You'll lose custody when they burn up in a fire because they only had one means of egress. There's a reason for codes; people have died.
You should lose custody if you care that little for their safety, but unfortunately, unless you have an ex who is fighting for them in court, you won't. If you do have an ex who brings this up, you may lose custody temporarily until you can provide a legal residence for them. I wouldn't be surprised at all if that happened.
If your home met the code requirements at the time it was built then your house is grandfathered in and you are legally ok. Call your local code compliance department if you are unsure. Worse case is you have to add another door. The least you should do is ensure you have working smoke alarms.
Don't worry about custody over this issue.
In every state, decisions about which parent should have custody of the children are based on the standard of what is in the child's best interest.
Also, in most places, to change a previous court order with regard to custody, the noncustodial parent will have to show that some circumstances have changed since the original order was entered that endangers the child. Most courts are very reluctant to change a child's living arrangement, because such disruption is usually not in the child's best interest.
Would lack of safe housing be a factor in determining the child's best interest? Probably. But what you describe doesn't seem to go to the level that would make a difference to most judges.
If possible, you may want to consult an attorney about this. This man can't start harassing you just because you are seeking child support for your children.
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