Legal Question in Family Law in Texas

my boyfriend's attorney says that I cannot stay the night when he has his kids at OUR house. I have 2 kids of my own & now I am supposed to uproot them everytime my boyfriend's kids come to stay. Can he do this? And why isn't it the same for the ex wife and her boyfriend?


Asked on 7/27/10, 12:41 pm

2 Answers from Attorneys

While I can't be certain without reviewing the terms of your boyfriend's decree (or temporary orders, or whatever it is that is upholding your boyfriend's attorney's advice), what is probably happening is that there is a "morality clause" included in the current order which essentially says neither party will allow an unrelated member of the opposite sex to spend the night while the children are in their care. They can do whatever they want when the kids aren't around, but when the kiddos are with them, there won't be any sleepovers with new partners.

Such a clause is usually added by the parents on their own (by agreement) because they don't want their kids to be exposed to new boyfriends and girlfriends coming into (and going out of) their kids lives over and over again. Oftentime, the kids can become attached to the new boyfriend/girlfriend and thus experience a significant loss again and again when those new relationships don't work out between their parent and that parent's new lover.

If there IS a morality clause, that clause is usually mutual, so your boyfriend's ex-wife most likely has the same restrictions regarding sleepovers with HER boyfriend while the children are in her care.

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Answered on 7/27/10, 5:07 pm
Fran Brochstein Attorney & Mediator

Your boyfriend has an attorney. You guys need to trust him or hire someone else.

I "fire" clients that "shop" answers on the internet! If my clients don't trust me then they need to find an attorney that they do trust. One of the major things an attorney "sells" is their time and experience. Remember we are attorneys and counselors at law!

If you don't want to leave, then get married. Talk to the attorney about that! Then you are related and no longer a "shack-up".

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Answered on 7/27/10, 8:33 pm


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