Legal Question in Family Law in Texas
cohabitation
Are there cohabitation statutes for TX? My exhusband has threatened to take me to court for our 3 kids IF I move in with another man. The man is decent. clean past.
I have been divorced for 3 yrs. We have joint custody, the kids reside with me. Will he have a case? I have a full time job, homeschool the kids, and am buying my own home. The kids are very stable and happy. I just need to know if the law will be on his side? Thanks for you time.
1 Answer from Attorneys
Re: cohabitation
This is an extremely gray area. What your ex would have to file is a Petition to Modify. A modification hearing is held before a judge, not a jury. Every judge has his own particular standards. There is no law per se on cohabitation, there is a wealth of law on what is in the best interest of the children. You present a very stable, loving, good picture of life for the children. He would present a picture of 'immorality'. Clearly the case would depend upon who was more persuasive, and if the the judge agreed with him on the morality of cohabitation. Bottom line is that your exhusband threat may not be an empty threat, and it would be difficult to predict the outcome of the hearing. TCL