Legal Question in Family Law in Virginia
Legal definition for the term ''over night?''
Legal definition for the term ''over night?'' It is part of a seperation agreement. The following is the actual seperation agreement statement including the term ''over night.''
''Neither party shall have memebers of the opposite sex not related by blood or marriage in the presence of the children overnight.''
Initially the two parties agreed upon 12am-8am as ''overnight'' but it was not included within the seperation agreement... Now one of the parties is claiming that his lawyer now says that overnight means 10pm-8am... We would like to know if there is an actual definition of overnight according to VA law... By the way we have not received any call or letter from his lawyer telling us this new time... Just a certified letter from the other parties address... Please so my future wife can be at ease answer this question ASAP... We are seeking our own lawyer very soon, but in the mean time if you can help please do! Thanks for your time!
2 Answers from Attorneys
Re: Legal definition for the term ''over night?''
No, there is no such definition memoralized in Virginia law for the term "overnight" of which I am aware(nor should there be). Both of the time frames which you referenced could certainly fit the definition of that term as it should be "common-sensically" understood.
Re: Legal definition for the term ''over night?''
There is no leagl definition for overnight in the Virginia Code.
Your lawyer can tell you what your judge thinks about this. I practise in central Virginia and if this were brought to court you run the risk of the judge ruling that the house must be cleared when the children go to bed and no one allowed until after they wake up. So unless you and she can agree your overnights may turn out to be 8p-8a
Good luck
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