My divorce decree includes a “morality clause” and my ex-wife is threatening to take me back to court to modify child custody because my girlfriend has moved in.
My ex barely sees our children, exercising far less than the parenting time she was given in the divorce decree.
Could custody be modified because of the morality clause and the fact that I am living with another woman now even considering that our children’s mother is almost nonexistent in their lives?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.
I am assuming that this was an agreed upon decree because I doubt any judge would include that provision in a final decree on their own as it limits both parents from ever dating or remarrying, or at least having anyone over until they are remarried.
Typically this clause can be included in temporary orders while the divorce is pending, but not on a final order. Thus, I do not think this would be grounds to modify child custody.
I do believe, however, based on the information you have provided, that you would have grounds to limit her visitation or increase her child support based on the little time she exercises her visitation.
It would be advisable to just remove the clause altogether so this is not an issue in the future because it is just not feasible to think that you can control who the other dates after a divorce.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction for legal advice on divorce.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Amanda L. Clepper, an associate attorney in the San Antonio, Texas, office, contact Cordell & Cordell.
One comment on “Modifying Child Custody Based On Violating A Morality Clause”
I have a similar situation. I’m a father of two and I won my petition to modify divorce decree and was awarded custodial parent and child support. In two weeks I present the modification to the judge to sign off. I have a question if anyone could help…. my ex wife’s boyfriend, who she had an affair with and what resulted in the divorce is still married and has been married for 8 years. Also, under testimony my wife admitted to smoking dope marijuana in front of my 12 year son at her home. I can care less if my wife dates him or the milk man…..how can I keep him away from my kids while they visit her?