Legal Question in Family Law in Texas
morality clause
Morality clause is in our tem orders. I am the respondent. We were both not happy in this marriage. I had suspected he had a girlfriend, but could never prove it. He made it difficult for me to live in our home because he did not want me and did not want me to live there. I did get involved in a relationship. I did leave the marital home with our 2 small children. My husband filed for the divorce and his parents wanted the morality clause in the papers - they are very controlling people - and I don't want that clause in there. They have basically taken everything away from me except for my kids. I have a ''free'' legal aide lawyer and can't seem to get anywhere with any paperwork. His parents also want to restrict where I can live with the kids and say that I cannot leave the county that we live in. I will be wanting to leave not only the county but the state as well. What can I do about this? I have no money?
2 Answers from Attorneys
Re: morality clause
If you have no money, then you get what you pay for. Sad fact, but true. If his parents are paying for these things that you oppose, I would predict that these requirements will be in the final order. Sorry.
Re: morality clause
You can instruct your attorney as to your disagreement for the morality clause. There is no requirement under statute that a divorced parent cannot live with a new partner. If your spouse will not agree to this condition the judge will have to decide for you.
The geographic restriction is pretty standard. In the counties where I practice the judges will limit you typically to your present county of residence and any adjacent county.
It is unlikely a judge will allow one parent to move out of state when the other parent is involved in the children's lives. You can make the argument that you need to move because it is necessary for you in order to find a job in your field or your employer is transferring you. You could also argue that you need to move if your family lives out of state and you have no support network here to help you as a single parent. There is no guarantee either argument will prevail.
Legal aid lawyers are overworked, underpaid, and sometimes underappreciated. If I were you I would let your attorney know that you appreciate their situation and help, but that you want to contest these issues.
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