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Would I be granted a modification for sleep overs, if non custodial lives in a crowded house and doesn’t arrange sick time ?

Q: The non-custodial parent has every other Thursday night pick up from daycare (our 2 year old sleeps over) then he has to drop her off at daycare Friday morning — then its that weekend she sleeps over in his parents 2 bedroom apt (mom, dad, 20 year old brother, him and my daughter with his 7 year old son that he gets on the same weekend). I feel like my 2 yr. old should not be sharing a bed with her 7 year old brother or how does it work in NY state with living conditions? its only a 2 bedroom . 3 men, one woman and another child.

Also, if she is sick on a Thursday/ Friday (that he has her), he will not take off from work on his designated day with her, he throws it on me and my fiancé. he will not pick her up until its Saturday. If he cannot make arrangements, why have sleepovers on a weekday that she has school?

A: The question the Judge will have is: if this was the situation when you made the agreement, why did you make the agreement? That said, at the least you should certainly insist on the child having her own bed – and should ask for modification which would forfeit his visit if he cannot retrieve the child form school when sick. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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