How Housing Affects Custody Decisions

What the Court Actually Requires

Housing matters in custody cases, but probably not in the way you fear. Judges aren't expecting a four-bedroom house with a white picket fence. They're looking for safe, adequate, stable housing where your child can thrive.

The Minimum Standard

What courts typically require:

• Safe: No hazards, working smoke detectors, adequate heating/cooling, secure entry
• Clean: Reasonably clean and hygienic (lived-in is fine; unsanitary is not)
• Adequate space: Your child needs a designated sleeping area. In most jurisdictions, children of the same gender can share a room. Opposite-gender children typically need separate rooms after age 5–8 (varies by jurisdiction).
• Basic necessities: Running water, electricity, heat, working bathroom, food in the kitchen
• Child-appropriate: Age-appropriate items, childproofing if young children

What You Do NOT Need

• A house: An apartment is fine. A condo is fine. A clean, safe mobile home is fine.
• A separate bedroom for each child: Shared rooms are acceptable. A designated space matters more than a private room.
• Matching furniture: Judges don't care about interior design.
• A yard: Indoor play space and access to parks is sufficient.
• Home ownership: Renting is perfectly acceptable.

When Housing Becomes a Factor

Housing usually becomes a custody issue when:

• Homelessness: No stable address is a significant problem. Courts may temporarily adjust custody until you have housing.
• Unsafe conditions: Drug paraphernalia, weapons accessible to children, significant disrepair, unsanitary conditions
• Instability: Moving frequently or couch-surfing
• Overcrowding: Too many people in too small a space
• Roommate concerns: Courts may scrutinize who else lives in the home (background checks, sex offender registries)

Temporary Housing Is Okay

If you're in transition:

• Staying with family is understood and accepted
• Courts know that divorce and custody changes disrupt housing
• What matters is your plan — show the court you're working toward stable housing
• Document your housing search: applications, apartment viewings, approval letters

How to Present Your Housing Positively

1. Keep your home clean and child-ready at all times
2. Make sure your child has a dedicated space (bed, dresser, some personal items)
3. Have food in the kitchen (this gets noticed during home studies)
4. Display your child's artwork or photos
5. Have age-appropriate activities available
6. If your housing isn't ideal, present your plan for improvement

Next Steps

1. Assess your current housing against the minimum standard above
2. Address any safety issues immediately
3. If you need housing assistance, see our Emergency Housing Resources guide
4. Create a child-friendly space, even if it's small
5. Document your housing stability or improvement trajectory for the court