What is that mean “staying overnight”?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is that mean “staying overnight”?

I will like to know if there is anyway that I can go around this rule? I have been divorced for 4 years and it’s the first time that I have dated someone. We don’t live close to each other and it’s really hard for us to spend time together. I have the rule in my divorce decree that nobody male can stay at my house if they are not related to my son. What if the person leaves before 12 and comes back at 1 since it’s the next day?

Asked on December 21, 2011 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no precise definition of the term "overnight," but what you suggest would almost certainly be regarded as violating the agreement: when there is no precise legal definition, the courts look to common understanding or usage, and the common understanding would be that if someone spends the entire night but for the hour between midnight and 1 am, he is there "overnight."

You should speak with a family law attorney--it may be possible  to go to court and have this term of the decree modified. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption