Hi.
I hope my remarks/suggestions don't do more harm than good, and I hope I don't come across as insensitive of the issues, finances, etc., but here goes:
1. Have you had, upon consultation with the lawyer, an extensive background check (preferably through PI) done on the OM? Including the nature of his arrest, potential facts which would preclude him from being allowed to carry in your state, other arrests (drug use) etc., any facts that raise concern that he should be in presence of (someone else's) children?
2. Are there any guidelines in your state regarding suitable living conditions for children? In my country, a child having his own bed is basically a minimum, for both pyschological development reasons, as well as physical health (sleeping on couches etc. can be hugely detrimental to the spine etc.). Also safekeeping of arms etc.
Perhaps you could, through your lawyer, demand that they comply & ensure suitable & secure living conditions.
Have them ensure that they will have their own bed/privacy needed for a girl/boy of they age. And ensure that any arms must be, at all times, legal&kept safely from all persons except those that have legal permission to them.
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In my belief (again, I'm not that familiar with family law in your state), but I would advise parents in your position to make sure such concerns are officially raised and decided upon by proper authorities (CPS, courts,...). Even if it is ultimately, in this instance, unsuccessful, it will hopefully force the two of them to be more careful as to what kind of living conditions they provide your children with.
Also, it will provide basis for documentation/pattern in case such circumstances continue and will hopefully make it easier for you if you decide to raise this issue again in a couple of months' time.
Furthermore, you will make certain you have shown utmost care for your children, and will prevent the two of them from saying in the future that "you knew since January 2014 and obviously weren't concerned enough to notify the authorities" etc. And if, god forbid, conditions deteriorate or something happens, you will have known you've tried your best to ensure safety&well being, even if the chances of success were low. And the courts will see that as well.
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Ultimately, I guess you have to decide the costs vs. benefits of various options. As I see it, the potential costs/backlash is:
- monetary issues
- counter-claims by her regarding your living conditions, her demands for more custody etc.
- more animosity and less willingness on her side to co-parent for the benefit of the kids
- perhaps even try to back off from the current agreements?
- ...?
If the potential costs/fallout is comparatively little, then it's worth trying, imo, even if the chances of succeeding are small.
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I would suggest you, upon consulting with your lawyer & in accordance with financial reality:
1. Have a background check done on OM
-> if nothing special comes up ->
2. Gather information on state,..., guidelines on living&safety conditions for children of their age
3. Gather information, consult with a counsellor, physician,..., regarding living&safety conditions for your children, taking into account their age and other specific/individual factors
4. Talk to your lawyer about formally requesting assurance from their mother&OM that such conditions are and shall be guaranteed
5. If they fail to either respond/guarantee in a suitable manner or fail to consistently provide such conditions, demand a formal CPS/court evaluation/determination of suitable conditions
And if something worrisome comes up in his background check, that's a totally different situation...
Best wishes!