My Spouse Says He Will Get Custody Because My House is Small

 Posted on February 24, 2025 in Family Law

Suppose your finances are shaky during the divorce, so you rent a small one-bedroom apartment until you get back on your feet. When you get to the part of your divorce that will determine custody and visitation for your two children, your spouse throws you an unexpected curve, claiming he will get primary custody because your home is "too small." What should you do if you cannot afford a larger home right now?

What if he’s right, and you are not granted primary custody or even liberal visitation because of the size of your home? This is not an issue you should try to handle alone. Custody and visitation issues are among the most contentious issues of many divorces. Having an experienced Pewaukee, WI family law attorney as a strong advocate by your side can make a difference in the outcome of custody and other divorce issues.

How Small is "Too Small?"

The court looks at many factors when determining the best interests of the child, and a small house would not likely be seen as a hindrance to custody or visitation. You might consider bunk beds in the bedroom or, depending on the size of the room, a portable divider that separates bedroom areas for the children. The age and gender of the children will dictate how you approach sleeping areas.

If you have a teenage son and an early teenage daughter, sharing a room might not be a good idea. Perhaps you could turn a portion of the living room into a bedroom for your son while you share the bedroom with your daughter. A parent sleeping with a young child is considered perfectly acceptable, while a parent sleeping with the opposite-sex teenage child is much less so.  

While no specific law prohibits siblings from sharing a bed, again, common sense should prevail. Two very young siblings could do quite well sharing a bed, at least until they are older. Even the concept of a "bed" can be altered to include a couch, a hammock, a blow-up mattress, or a sleeping bag on a cot when necessary.

Obviously, having a child sleep on a cold concrete floor is not an acceptable solution, but the good choices are limited only by your imagination, and there is no mandated square footage for a loving home. If your home is safe and welcoming, and you are a loving parent, your children will not care that your home is small.  

What Factors Will the Court Consider When Making Custody and Visitation Decisions?

There are a number of issues the court considers when making custody and visitation decisions. These include:

• The parents’ wishes (although this is not the court’s primary consideration)
• The child’s wishes, if he or she is old enough and mature enough to make a sound decision.
•  Whether the child’s current level of stability regarding home, school, and community should be preserved.
• The relationship between the child and each parent, as well as the child and his or her siblings.
• Whether one parent has historically provided the majority of the care for the child.
• Each parent’s physical and mental health, along with his or her life circumstances, including a job that requires significant travel.
• Any history for either parent of domestic violence, child neglect or abuse, or serious drug and alcohol abuse.

It is important to note that a parent’s disability will not adversely impact custody and visitation decisions so long as the parent is able to carry out parenting responsibilities.

Contact a Waukesha County, WI Child Custody Lawyer

If you are going through a difficult divorce and expect custody decisions to be even more difficult, you need a skilled Waukesha, WI child custody attorney from Bucher, Wolff & Sonderhouse, LLP in your corner. When you choose an attorney who shares your values and is willing to go the extra mile for you, you can expect the best outcome possible. Call 262-232-6699 to schedule a free consultation.