A frequently asked child custody question in
divorce cases is whether Wisconsin law requires each
child to have their own bedroom or bed. Parents often ask whether children can sleep together, whether there is an
age cutoff, and whether sleeping arrangements such as couches, bunk beds, or sleeping bags on the floor are allowed.
These are all legitimate concerns when determining overnight placement.
The general answer is no. Wisconsin does not have any law that regulates how many bedrooms or beds a parent must have
to exercise overnight placement during or after a divorce. There is no requirement that each child have a separate
bedroom or their own bed. Very young children may appropriately share a bed if it is age-appropriate. However, it
would not be appropriate for a teenage girl and her teenage brother to share a bed, nor would it be appropriate for
a parent to sleep in the same bed as a teenage child. Parents are expected to follow appropriate boundaries, and
courts apply common sense when evaluating these situations.
There is also no legal requirement that a traditional bed be provided. In many cases, a couch, sleeping bag, or
blow-up mattress may be acceptable. However, a child sleeping on a cold cement floor in a basement would not be
considered appropriate. While it is preferable for each child to have their own bed when possible, it is not child
neglect, child endangerment, or child abuse for children to share bedrooms, share beds when young, or sleep on
couches or mattresses on the floor. These circumstances alone are generally not sufficient to justify denying a
parent overnight placement.
For more information about custody and placement issues, contact
Karp & Iancu to discuss your situation.
933 N. Mayfair Rd., Suite 300
Milwaukee, WI 53226
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