Legal Question in Family Law in Texas

If you have a child, can a Texas Judge put a morale's clause in the divorce legally preventing you "after the divorce is finalized" from living with someone else unless married to that person? The other party is living with someone new now. But plans on marring them when divorce is finalized as a loop hole but trying to prevent me from moving on and living with anyone prior to marriage. is this legal and is there a way to fight it?


Asked on 8/28/15, 12:49 am

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

It happens all the time. That doesn't mean it's proper, but it is common.

All the judge can really do is order that no romantic partners spend the night when you have the child in your possession.

If you can't live with that, hire an attorney to do an appeal. Sometimes the appeals courts will overturn unnecessary restrictions that are not clearly related to the child's physical safety or emotional well-being.

Just remember that the Texas Family Code gives judges great discretion to determine what is in a child's best interest once the parents have failed to reach an agreement.

Read more
Answered on 9/07/15, 4:25 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas