Legal Question in Family Law in Kansas

Morality Clause

My divorce decree states that I cannot have any overnight visitors of the opp. sex on nights i have my son. I did not agree to this, but was bullied into signing it. I have been in a long term committed relationship for 2 years now, and we would like to move in with each other for a while before we get married. I've tried having this clause removed, because from what I understand that is not really enforceable after 6 months anyways, plus cohabitation is not illegal in the state of Kansas. There is no harm done to my son, he is very excited about us moving in together, plus it puts us in a much safer neighborhood. But, our mediator will not allow it. What can I do about this? I feel it is a violation of my rights.


Asked on 6/10/09, 1:05 pm

1 Answer from Attorneys

Rian Ankerholz Ankerholz and Smith

Re: Morality Clause

What does your Divorce Decree say is supposed to happen if you do have an overnight visitor? If it says you give up residential custody, then you have an uphill battle to overturn the provision you approved. If the Decree doesn't specify what is to happen, then the court will decide what is in the child's best interest. Consult an experienced family law attorney.

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Answered on 6/10/09, 1:57 pm


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