Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Michelle Hughes

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.   

Question:

Are there any precedents of hours or overnights a parent can have with a child depending on their age, and does the amount of traveling time needed for visitation play a factor at all in the court's decision on awarding parenting time?

Question: 

My wife and I are separated and we verbally agreed to follow the parenting plan in the mediation agreement. In the hopes of having an amicable divorce, I agreed to not have our young daughter for overnights unless I am with my parents per her demands. It was a mistake on my part.

But does she have any legal standing if I should decide that I would like to have my daughter stay with me alone overnight? Can I start this now before an official divorce decree is entered in hopes the court will follow that arrangement?

By DadsDivorce.com reader Big D

Over the past few years I have had to go back to my Divorce Settlement Agreement and rely on what was “agreed” to in that document. There are times I am very happy, but there are other times I wanted to yell out loud because I agreed to such horrible wording and details.

In an effort to help my fellow divorced dads out there, I thought I would at least put together some wording phrases that I suggest you consider. You need to think about the future, not today. If the wording sounds corny, silly, or not important at the moment, that might not be the case in two to three years.

In Part 1, I wrote about tips on wording parenting time and holiday visitation. Part 2 discussed wording for picking up and dropping off the kids, education, alimony and child support. Today's final part will address child care, overnights and remarriage.

Question:

My fiancé's ex wife is trying to stop me from being around his children, especially if I spend the night while he has the children though we do not sleep in the same bed. Can a judge really order me to not be around his kids or spend overnights with him when the children are present? I'm about to be their stepmom!