What is that mean “staying overnight”?

UPDATED: Dec 21, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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