Legal Question in Family Law in Texas
I live in Texas, and after a long separation, I finally got divorced in July. In my mediated divorce agreement, there is a Morality Clause that states: "The parents agree that no unrelated person of the opposite sex with whom the parent is involved in an intimate relationship shall spend the night when the CHILDREN are in the parents care". Since the divorce, I have custody of my teenage daughter, and her mother has custody of my younger son. I have since met and fallen in love with somebody who I would like to live with me, even get engaged to. When I look at this morality clause, I wonder if seeing as it is using the plural 'Children' it would indicate when both my kids are here for the night... Or for that matter, if it would even apply to a fiance. My ex-wife got wind of the fact that I am considering having this person live with me and is threatening to have me thrown in jail if I do. What do I do..? I want to move on with my life.
2 Answers from Attorneys
To determine whether children means both kids, you need to review the decree to figure out what was intended. However even if it applies only when both kids are there, the current language makes remarriage untenable. You need to have this portion of the decree modified.
You need to retain a local family lawyer to explore this issue with you.
You are splitting hairs. You were at the mediation, you know it means. Your ex can't really have you thrown in jail for having someone stay over; she'd have to take you back to Court and have the Judge do it
It doesn't mean you can't date or remarry. It just means no sleep-overs when either of the kids are there and no live-ins. Just remember anything you do your teenager is going to think she can do too.
For educational purposes only. No attorney-client relationship was created by this communication.
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