Legal Question in Family Law in Texas

Co-habitation Restrictions Legality

My friend, who is a mother of two, informed me that her ex husband had placed a restriction in the divorce decree requiring any potential co-habitator to submit to a police check. That is, if she wishes to live with a man, the man must submit to having his background check, supposedly for child molestation. The two children do live at home with the mother.

Is this an enforceable part of the decree? Can it be challenged? If so, what are the chances of winning the challenge? Aren't the records public information anyway?

Thank you for the help.


Asked on 3/30/06, 8:36 am

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Co-habitation Restrictions Legality

This is enforceable as a protection of the children. Challenging it would be costly and likely unproductive.

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Answered on 3/30/06, 10:42 am
TC Langford Langford Law Office

Re: Co-habitation Restrictions Legality

I agree completely with Mr. Grissom. As an aside, I am familar with a local case that the restriction was too general and vague to be enforceable. HOWEVER, it was modified and clarified so as to be enforceable. Additionally, the mother is in a very questionable position to retain custody, if she is going to fight in court to keep a boyfriend in the house that has a past child sex abuse conviction.

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Answered on 3/30/06, 11:49 am


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