Divorce Advice for Men | Fathers Rights Divorce | Child Custody

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?

A morality clause can be a useful tool to aid parents in upholding their morals and values even while the child is spending time with the other parent.

This has led to an increase in morality clauses being included in Marital Separation Agreements.

Watch Cordell & Cordell attorney Michelle Hughes explain the types of issues addressed in morality clauses, whether a judge can order them, and the challenges in enforcing morality clauses.

You can also listen to the full audio version of the podcast on divorce morality clauses.

Question:

My ex-wife put a morality clause in our divorce agreement specifying that I am not allowed to have a girlfriend around our children.

My girlfriend and I are serious but not ready for marriage.

So if I file a "declaration of informal marriage" at the court clerk's office, will this overrule the morality clause?

Question:

I am planning a camping trip with my girlfriend where each of us will bring our kids and sleep in separate tents.

My ex-wife says if I go she will take me to court for violating the "no overnight guests of the opposite sex, not related by blood or marriage" portion of our custody agreement.

Can she do this if we are just going camping and sleeping in separate tents?

By Michelle Hughes

Divorce Lawyer, Cordell & Cordell

The society that we live in is inundated with sex, drugs and alcohol on television, in music and in the movies.

With all of these outside influences, parents find that it is important, more than ever, to impart morals and values on their child.

Morality clauses can be a useful tool to aid parents in upholding their morals and values even while the child is spending time with the other parent. (Read my previous article, "Morality Clauses: Prohibiting Cohabitation and Overnight Guests.")

These clauses have been used to prohibit the use of alcoholic beverages and/or illegal drugs during periods of custody with the child.

Generally, I do not recommend that my clients agree to these types of clauses.