Legal Question in Family Law in California

My girlfriend has a 9 year old son. She and i just moved into a 1 bedroom apartment, and she and i share a bedroom with her son. She and i have a bed, and he has a bed of his own on the opposite side of the room.

Is it against the law for me to sleep in the same room as her son, since i am not his legal parent?

We do not do anything sexual and we change our clothes in the bathroom. I sleep with pants on, and she sleeps with pants and a shirt, so we are not exposing the child to any degree of sexuality.

Asked on 5/08/13, 3:33 pm

1 Answer from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker
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No it's not against the law to share a bedroom with your girlfriend's son. Sometimes economic circumstances make such an arrangement unavoidable. However, if a court somehow gets involved (family law or dependency) it is possible that your girlfriend will be ordered to provide sleeping accommodations for her son that doesn't involve sharing a room with you. Also, if the other parent is able to provide a more private sleeping arrangement for their son; he may be able to use the fact that their son has to share a room with the two of you to his advantage in obtaining a greater share of parental custody and visitation. Consider using a sofa bed in the living room.

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Answered on 5/08/13, 8:47 pm

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