QUESTION
Are there exceptions to the overnight guest clause?
Asked on Jan 20th, 2014 on Divorce - Texas
More details to this question:
I understand the court order during a divorce stating that there can not be any over night guests of opposite sex spending nights while children are in home, but what if one of the parents have a baby on the way with their fiancee? Is there an exception to that rule due to the father/mother has to be around or is now living with the fiance? If so what would be the process to go by in order to be able to have children be able to spend the night with over night guest (mother/father's fiancee) since the person has to be there with mother that has baby on the way by this person?
6 ANSWERS
4 Awards
If there is a court order restricting overnight visitation by guests of the opposite sex, living with an opposite sex partner is in violation of the order. If that person is your fiance', the easiest and best solution is to get married. If persons are married, they are allowed to live with their new spouses without restriction. If you are not going to be married, you must return to court and show why changing the order is in the "best interest of the children." Not for the convenience of the parties, not for the ease of relationship, but in the childrens' "best interest." This is a difficult burden if the parties are not married. You should contact a family law attorney directly to discuss the specifics of your case, as the above information is general, and not legal advise.
Answered on Jan 24th, 2014 at 6:22 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can ask the court to lift that provision but there is certainly no guarantee it will.
Answered on Jan 22nd, 2014 at 9:23 PM
If your living situation has changed you should go back to court and get the order modified appropriately.
Answered on Jan 22nd, 2014 at 5:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Ask the court to give you an exception.
Answered on Jan 22nd, 2014 at 5:07 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Marry the fiance or they have to move out.
Answered on Jan 22nd, 2014 at 5:07 PM
It says what it says what it says. If you want an exception, go back to Court and ask for one.
Answered on Jan 22nd, 2014 at 5:07 PM