Divorce Lawyer, Cordell & Cordell
Note: Read the other morality clause article discussing the use of morality clauses to prohibit the use of alcoholic beverages and/or illegal drugs during periods of custody with the child.
We live in a "Charlie Sheen World" where movie stars and musicians are celebrated for their bad behavior and poor choices.
With all of these outside influences, parents find that it is more important than ever to impart morals and values on their child even when the child is in the care of an ex-spouse.
This has led to an increase in "Morality Clauses" being included, by consent of the parties, in Marital Separation Agreements.
If the case proceeds to trial and the judge makes a decision, it is rare to see a judge include a Morality Clause in the final order. However, it may be done under some circumstances as discussed below.
Morality Clauses have been used for many years and are mostly known to prohibit cohabitation or overnight visits with the opposite sex until the parent engaging in the activity becomes remarried.
These clauses began in the Southern states where cohabitation by unmarried couples was illegal. Thus, it made sense to include the language in the Marital Settlement Agreement.
When the clause is used to prohibit cohabitation or overnight guests of the opposite sex, both parties need to understand that it is a two-way street. Typically, one party will not agree to include the language unless the other party also agrees to abide by the same terms.
Enforcement of these types of agreements can be a challenge. It can sometimes be hard to obtain evidence that one party has had an overnight guest in violation of the agreement.
Even if the party did have an overnight guest, the judge would need to find that there was some damage to the child.
Typically the party wanting to enforce the agreement also wants to modify custody to become the parent with sole physical custody. Unless the mother of your child basically has a different overnight guest a couple nights each week, you probably will not get the judge to modify the custody arrangement, but you may get more time with your child.
Cordell & Cordell has experienced and well-qualified family law attorneys located nationwide should you seek additional legal advice or representation in your divorce case.
Note: Read the other morality clause article discussing the use of morality clauses to prohibit the use of alcoholic beverages and/or illegal drugs during periods of custody with the child.
Michelle Hughes is an Associate Attorney in the Jefferson County, Missouri office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Hughes is licensed in the states of Missouri and Illinois, and the United States District Court for the Eastern District of Missouri. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. She later received her Juris Doctor from Thomas Cooley Law School where she graduated cum laude.
I discovered that my wife has been having an affair for some time with an old boyfriend. We have two young children, ages 7 and 9. The "other man" is still married, but separated and estranged from his family.
He has a criminal record - my understanding is that he spent time in prison on felony cocaine possession with intent to distribute - but that was perhaps 20 years ago. He is somewhat of a transient, has moved continually, is constantly losing jobs, and abandoned his family to pursue my wife.
I actually confronted him a year ago when I first learned he was pursuing my wife, and told him to stay away from my family, as if he did not it would destroy my children's lives. But he obviously did not - and obviously my wife wanted it that way. I just discovered a few weeks ago that the affair was full-blown, and am now divorcing her.
So here's my question - do I have any legal position to mandate that he "never" be in the company of my children?
I will most likely allow my wife to stay in our home (buy me out if the finances work out that way), and start a new home of my own; we will split custody of the children.
Can I work anything into the agreement that in exchange for allowing her to stay in the house, she can never allow him to be there while the kids are present, or otherwise introduce him to them?
As you can tell - I'm kinda freakin out here.
Any insights you can provide will be greatly appreciated.
SteveF
Massachusetts