Modifying Child Custody Based On Violating A Morality Clause

Question:

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?

Answer:

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.