Texas Court Restricts Parent's Overnight Guests

By Christina Rentz

Published on August 09, 2005

Judge John L. McCraw ruled it was the trial court's right to impose such a ban if it serves and protects the best interests of the child.

Pamela and Michael Peck filed for divorce in Collin County, Texas. Pamela testified before the family court that she felt it was inappropriate and detrimental to her son for Michael to have his girlfriend spend the night while their son was in his custody.

Michael defended his actions, saying his relationship was stable and monogamous. Michael further claimed it was actually in the child's best interest because it supplied their son with a stable family unit.

According to family law experts in Texas, it is not uncommon for judges to impose temporary injunctions on a parent's overnight guest while the divorce is pending. However, permanent injunctions after a finalized divorce are usually reserved for parents who have exhibited criminal behavior or drug use while in the child's presence.

Some Texas attorneys fear this decision will have far-reaching effects beyond restricting a parent's overnight guests.

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