Is It Required to Have a Separate Bedroom to Have Overnight Visitation With Your Child?

If you are a noncustodial parent who has regularly scheduled visitation with your child, you might be wondering what rules exist for overnight visitations. One common question people have is whether or not they are required to have a separate bedroom specifically for their child during these visitations, if overnight stays are to be allowed.

Is there any legal position in the matter?

Technically the courts do not require you to have two bedrooms if you are to have an overnight stay from your child, though they do indicate a separate bedroom for the child is preferable. In some circumstances, the court may give the “okay” for an overnight visit without a separate bedroom with the understanding that you will do your best to search for a different residence with a separate bedroom for future overnight stays.

At the very least, the court will likely require you to have a separate bed for the child, if not a separate bedroom. This could be a cot or a pullout bed, or you could sacrifice your bed for the child during their presence.

If you do not currently have a separate bedroom space available for the child, you should be prepared to explain your position to the court in a way that is favorable to you. If you expect there to be overnight visits with some regularity in the future, it is in your best interest to seek for a new apartment that has more space.

For more information about the requirements for overnight visitation and how you can develop a visitation schedule that makes sense for all parties involved, we encourage you to contact an experienced family law attorney at Bryan L. Salamone & Associates.