Legal Question in Family Law in Texas

If a married man leaves his wife for whatever reason and moves in with another woman who is not his wife is there a shack up clause in the state of Texas where the wife of said man can say if the child they have together can the wife of the married man dictate if the child is able to spend time with the man's said girlfriend and her son. I guess what I am asking is if this clause actually exists and what can the man do to get control of this situation. The wife is being really ugly about the whole ordeal.


Asked on 1/25/13, 6:17 am

2 Answers from Attorneys

TC Langford Langford Law Office

This is very confusing, and if I misunderstand, please rephrase and repost your question. If you are asking if an estranged wife can dictate if a child of the marriage is around an live-in girlfriend, the short answer is maybe. Many courts will uphold the requirement of a 'morals clause' in the decree as in the best interest of the child. Generally it is phrased that the possessory parent may not have unrelated overnight guests of the opposite sex between midnight and 8 am during periods of possession.

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Answered on 1/25/13, 7:15 am
Fran Brochstein Attorney & Mediator

I agree with Theresa Langford.

Many courts will include a "morals clause" regarding no guests that you are having sex with between 10 pm - 8 am -- some don't include "opposite sex" any more to cover gay people.

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Answered on 1/25/13, 11:24 am


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