Legal Question in Family Law in Texas

My fiancee' has a morality clause in his divorce decree. We have been in a relationship for 4 years and I have a great relationship with his children. My fiancee' has a job that requires him to be "on-call" at night. He would prefer that I watch the children since we have an established relationship and the kids trust me. This is in violation of the morality clause in his decree because it doesn't specify the capacity that I can be in the residence from 10pm until 6am.....just that I can't. A few months ago, he was called out (he is in law enforcement) in an emergency, and I came over to watch the kids. His ex has since filed for enforcement since he was in "contempt" of the court order of me being in the residence after 10pm. What are the chances of this being modified/removed from the decree, and should I worry about him going to jail over this violation? The next nearest relative was 3 hours away, his ex-wife lives 5 hours away, and he does not feel comfortable leaving his children in the care of strangers.


Asked on 3/10/11, 12:54 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You say that you and he have been in a relationship for 4 years. Why don't you just get married? Then you won't have to worry about the "morality clause."

Depending on the ages of the children, a judge might modify the order.

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Answered on 3/10/11, 2:51 pm


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