Legal Question in Family Law in Texas

I live in Houston, TX, and my 2 year old son lives with his mother in Houston as well. We were never married. We used mediation services instead of going to court to determine custody arrangements. It is laid out almost identical to the standard custody order in TX. There is one provision that states specifically that neither his mother or I can have any guests that we are romantically involved with between the hours of 10:00pm and 7:00am during times of posession. My current girlfriend and I have a very happy and healthy relationship, and we want to move in together. With the key word in the order being "guests," would it be a violation for she she and I to move in together if we are both listed on the lease as residents? If not, and the mother files for a modification, would she be able to take my designated time from me considering I would not be technically violating the order?


Asked on 9/17/10, 9:12 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

It sounds like you are "splitting hairs".

You are asking for trouble. You agreed not to have overnight "guests". Now you want to have a "live-in".

It appears that you live in the Harris County area. Do you suppose that a judge that has a graduate degree is going to "fall" for your argument that there is a difference between "guest" and "live-in".

I actually own a crystal ball because people kept asking me to make psychic predictions! I can predict that you are asking for problems. I also predict that if the mother of the child goes to court the judge is not going to be very happy with you. You have violated the "intent" of the agreement that you entered into less than 2 years ago. In a judge's eye, 2 years is not a very long time. Perhaps 2 years is a long time to you, it is NOT to a judge.

That said, many courts have given up on the over-night restriction of live-ins. The judges might not personally like it but lots of people live with girl friends. So it will depend on the individual judge. You will need to talk to an experienced family law attorney in Harris County about whether or not the judge will allow you to have a shack up.

I suggest that you call PATRICIA BUSHMAN at 713-807-9405 and talk to her. Tell her that FRAN sent you. I rent space in her office. I'm not taking any new cases because my mom is ill.

If you want to solve the problem, marry this woman and she is your wife. Then she is not a "guest" or a "live-in" or a "shack-up". Problem solved. She is your wife.

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Answered on 9/22/10, 9:29 am


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