Overnight guest

[squaw]

If two unmarried people are living together, is that considered an "overnight guest"? My significant other & I live together, but when it's visitation time for his child, he stays at relatives' houses because his divorce papers state that there are not to be any overnight adult guests for either party.

yes, he is following his custody agreement

[Gbyte]

I would disagree. An overnight guest would imply a temporary situation. Two people living in the same home does not make one a guest. If both of their drivers licenses state that the home is their address (or other sorts of things such as health insurance or bills), the girlfriend is NOT a guest and therefore he should be able to excercise his time around her. He should consult with his attorney and maybe one or two others (ie on the ask an attorney section here) to get their thoughts.

Bravo for him to maintain proper morals for his child. If he is not married to the woman he is living with, he is correctly following the court order.

There isn't enough information regarding whether or not the child is familiar with and has established a relationship with the new girlfriend, so he is doing the correct thing by staying with relatives when he has visitation. Even if it is not of a pressing legal issue, it's refreshing to hear of a situation where a parent has some morals and values concerning his child.

I would agree that two people living at the same address with proof of this establishment of residency are not considered overnight guests, however, in the best interest of the child, and due to the legal terminology of the court order, he's doing the right thing.

It would be prudent for him to consult legal counsel for further review of his living situation.

This isn't a question about morality; it's a question about the legal definition of the term "guest". If the father has established residency at the same location as his girlfriend, then neither one of them would be considered a guest of the other. The child should be allowed to stay at the father's home, not bounce around from relative to relative every other weekend.

Ah but it is. This is more than likely why he takes his child to his relative's.

The poster didn't indicate that the child is being "bounced around from relative to relative". At the very least, they are blood related to the child where the girlfriend is not.

He's doing the right thing. But it is also why it was suggested that he consult his attorney for review of his living situation, to perhaps include his girlfriend being present during visits while in his home.

It's too bad more people didn't take morality and values into account when dealing with this type of situation. It's apparent old fashioned family values are unimportant these days.

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I would say he's doing the right thing if his sole goal is keeping the peace with the ex. The legal thing...he can co-habitate based on what was written here. The order doesn't say you have to be married to have a significant other around. It says no overnight guests. Her having an established residence at his residence (or visa versa) means neither is a guest.

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Originally Posted by Unregistered It's apparent old fashioned family values are unimportant these days.

Too true.

I think the point that's being missed here is the language of the custody visitation order. It means no overnight guests while the child is in the home. For that purpose, the girlfriend is considered an overnight guest if she is there while the child is there. I've seen this stipulation before in court orders and it is usually what it translates to. So legally speaking, he is keeping in line with the court order by staying with his relatives while he has his child overnight.

Again, they are not married and it matters not that she is his live-in girlfriend. If they were married, that would change things considerably.

I can only assume that he doesn't make a home for his child at his current residence with his girlfriend because it is her home and he simply moved in with her. I could be mistaken however. I assume this because he chooses to stay with relatives rather than have the girlfriend leave the home during his visitations. He chooses instead to stay with relatives.

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Well...I would again argue you can't be a guest in your own home.

Kinda why I'd recommend consults with a couple of lawyers.