I have a question my ex is now seeing our 5 year old son since the last year and a half... I had said that he can take him but that he can't stay overnight.. He lives in a basement.. If my x takes me to court will the judge approve my son to stay overnight knowing that he lives in a basement that's cold and small..

If he doesn't have suitable living arrangements the Judge can give him day visits. Make sure the Judge is aware of his living conditions and if the basement is a cold cement basement or a finished basement, type of heating etc...

That's what my mom was trying to tell him we both have restraining orders on each other so we can't talk directly... my mom was trying to tell him that he can even see him every weekend if he liked but apparently he din't approve..

The state I live in will send a CPS worker to the home and then report back to the judge.
Don't be surprised if the worker tells the Dad to make some improvements and then allow the child to spend the night. I don't want to worry you but I have seen CPS workers make some strange decision that I didn't understand, but if you really believe it is wrong.. don't give up

Good luck, Hon.