Will Having a Messy House Affect Child Custody?

 Posted on November 14, 2024 in Family Law

Ordinarily, having a messy house is unlikely to affect your child custody proceedings. Parents - especially those with babies or toddlers - are certainly not expected to keep their homes looking magazine-worthy at all times. Having piles of clean laundry on the coffee table, a few dirty dishes in the sink overnight, or toys scattered around is the norm for most families. Typical clutter is not worth mentioning in court when you are fighting for custody of your child. However, if the home is so dirty that it poses a health hazard to children, or the clutter is so bad that it borders on a hoarding situation, this could impact a court’s child custody decision. If you are involved in a child custody battle, you need an experienced Lisle, IL child custody litigation attorney on your side.

A Messy Home and an Unsanitary Home Are Different Issues 

When a parent works full time and is newly single, letting the housework slide is normal. If a parent is behind on cleaning - perhaps the kitchen counters have not been wiped down in a few days, or the carpet has some crumbs on it - this is not the sort of mess a court would be concerned with. However, if the home is unsanitary and poses a health hazard, the court may be reluctant to allow children to visit the parent who lives there in the home. A dangerously unclean environment is not in a child’s best interests. Unsanitary messes the court might be concerned with include: 

• Animals toileting inside - If there is pet urine or feces anywhere other than a litter box inside the home, this may be a health hazard. If the children’s clothes smell of pet waste or the smell inside the house is intolerable, there may be a problem. 
• Mold accumulating - If mold is forming due to a lack of cleaning in areas like the kitchen or shower, the children’s health could be affected. If there is moldy food found in the kitchen or black mold growing in the carpet because spills are not cleaned up in a timely manner, the children living there might be at risk. 
• Unsafe food preparation areas - If the area where the children’s food is being prepared is grossly unsanitary, there is a risk that the children will get sick. For example, if the dishes are not being adequately cleaned between uses or the kitchen is overrun with flies, the parent may not be doing enough to keep the children’s food safe. 
• Extreme clutter - If your co-parent has so many belongings that things are piled everywhere, creating a fire hazard and a risk that a pile could collapse on a small child, the court may not want the children in that home. 

If your co-parent’s home is so dirty that you believe your children are unsafe there, your attorney can help you gather evidence and fight for supervised visitation only or full custody.

Contact a Kane County, IL Child Custody Attorney

SpyratosDavis LLC is committed to helping parents protect their children. Our dedicated Lisle, IL, child custody litigation attorneys will do all we can to ensure your child can live with you in a safe and sanitary environment. Contact us at 630-810-8881 for a confidential consultation.