I was divorced in 2003 and in our custody orders there is a morality clause stating no one of the opposite sex can be around the children unless related by blood or marriage between 12am until 6am. My boyfriend and I have been talking about moving in together but I have custody of the kids and don't want to get in trouble for not following this order. My ex rarly get the kids on his wkends, but when he does they stay with him & his girlfriend at his parents. He also keeps switching jobs so child support office can't find him. I am finally happy after 11 miserable years, but want to do things right and can not afford an attorney. I live in Texas. Thanks
2007-04-23 07:46:38 · 15 answers · asked by Ken's Girl 2 in Politics & Government ➔ Law & Ethics
Why don't you put your kids first and NOT MOVE IN. Your children don't need more drama or another breakup or divorce in their lives.
PS- 2nd marriages and relationships have a MUCH higher rate of divorce than 1st marriages.
Wait till your kids are grown up and out of your house.
2007-04-23 07:50:59 · answer #1 · answered by Anonymous · 0⤊ 6⤋
I've had two divorces in Texas, one in which I have a child (I have custody) and the only clause that is in my decree is if I am dating a registered sex offender, I must notify my ex of that and the same clause applies to her. Sounds like your attorney when you divorced didn't write the decree in your best interest on this one. Anyhow, if he is a deadbeat dad, not paying support and living with a woman outside of marriage I don't think that he'll be throwing any stones from that glass house. I also believe that family court would really be hard pressed to enforce such a ridiculous clause in this day and age unless your boyfriend is a convicted pedophile or drug dealer or Internet porn monger or something like that. My advice would be to pursue happiness as is an inalienable right within our great country!
2007-04-23 07:57:04 · answer #2 · answered by Jim 5 · 1⤊ 0⤋
Morality clauses are difficult to enforce at best and in your case if it really does say "around the children" someone will have to define that. That would mean a friends father could not stay at your house while passing through town on a business trip. Who do you think will enforce this, the bedroom police. Feel free to do what you want. At the same time be sure to give your ex's social security number to the local police where he lives. They search them down by SSN not by employer. A dead beat is a dead beat.
2007-04-23 07:58:35 · answer #3 · answered by Richard W 3 · 0⤊ 0⤋
First, why were you dumb enough to sign this document?
Second, If you want around it you will need a lawyer because your ex has got you over a barrel. He has nullified the contract if he has not been making his support payments but again you need a lawyer.
If you are truly happy with your current then perhaps skip moving in and marrying him would be your easiest answer.
2007-04-23 07:52:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If your ex-husband is not following the morality clause, take him to court. You could have the morality clause removed by a judge, perhaps. You probably would need a lawyer though. Don't know what to tell you beyond that. Sorry.
2007-04-23 07:50:07 · answer #5 · answered by Anonymous · 2⤊ 0⤋
It sounds like you have 3 choices.
First find out if your husband cares since he is basically violating the provision also.
Second you could consider marrying the boy friend.
Third you could go to court without an attorney and ask the judge to lift the provision.
2007-04-23 08:12:05 · answer #6 · answered by don n 6 · 0⤊ 0⤋
Get married then you do not have to worry about the clause. Thats the package deal with the kids first in the picture.
2007-04-23 07:53:35 · answer #7 · answered by withluv7 3 · 0⤊ 0⤋
You don't get around it. You either:
1) Kick him out at 11:59 and you let him back in at 6 a.m., or
2) Marry him, or
3) Have one of kids marry him (included in the interest of completeness)
His breach doesn't justify one by you. Do you really want that deadbeat trying to get custody?
2007-04-23 07:53:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Look up the process in your state to modify a final judgment. If you don't know how to, hire an attorney, let him/her know you want to either modify, to allow you and your boyfriend to live together or enforce, make your ex follow the judgment, the FJ.
2007-04-23 07:58:21 · answer #9 · answered by adk0425 2 · 0⤊ 0⤋
the divorce decee is a contract between you, your ex..and the state of texas...... the only one who's complaint would be heard is that of your ex. if you arent afraid of him trying for custity based on that, do what you want and noone will bother you... but do think things through a little for your kids sake.
I have my kids full time and there is stuff like that in our divorce, but I am the parent, and this is my life, so I do what I bieleive is right for me and my kids......skip the polotics, and live life...
2007-04-23 07:59:40 · answer #10 · answered by Joel 3 · 1⤊ 0⤋
sounds like you need to go back to court if you want to have your boyfriend live with you. I mean .. where are you both headed? Marriage? You will have to get things changed eventually right??
Might want to check out this link for cheaper legal help that a friend of mine gave me to help with legal trouble since I am poor. Doesn't hurt but you will definately have to get things changed won't you.
2007-04-23 07:53:43 · answer #11 · answered by KT 2 · 0⤊ 0⤋