Legal Question in Family Law in Texas
Morality Clause in Texas (No Co-Habitation)
I've been told by my ex-wife, that id i move in with my girlfriend, she will not allow my kids to spend the night with me. They are 16 and 14. Can she do this legally, if the clause is in the divorce decree.
Asked on 10/07/10, 1:35 pm
1 Answer from Attorneys
Mark Dunn
Mark D. Dunn
You'll want to look at your order; it probably prohibits cohabitation WHILE YOU ARE IN POSSESSION OF THE CHILDREN, but it doesn't make your possession of the children conditional on you NOT living with your girlfriend.
Just like it doesn't make your visitation conditional on you paying child support.
Show up for your visitation (to pick up the children), and if Mom doesn't surrender them (as the order requires her to do), sue her for contempt and ask the Judge to put her in jail.
Answered on 10/13/10, 2:52 pm
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