Legal Question in Family Law in Texas

I have a Morality Clause that says this: 6. Having unrelated persons, of the opposite sex, with whom the parent has a romantic or dating relationship, in the presence of the child between the hours of 7:00 p.m. and 7:00 a.m.. I went to mediation and argued against it, but it was still put into the decree. I have never been around a woman at night when my daughter is a sleep, my girlfriend and I always separate before that. I don't follow the 7-7 time restrictions. I am about to go on vacation where my daughter will be in the same house as my girlfriend and other friends, I will not be there with them, and my daughter will not stay in the same room as my girlfriend, but I am still being threatened about being taken to court and custody taken away from me. For not following the 7-7 and having my daughter around my girlfiend after 7pm. What can happen in court? What are some recommendations? This is Houston area.


Asked on 7/16/10, 9:14 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The exact wording of a court order is very, very important. Your order makes reference to "in the presence of the child." I'd argue (if I were your lawyer) that if the child isn't in the presence of the Girlfriend, then the order wasn't violated.

And in Houston, this won't be enough to "have custody taken away."

If they file a motion for contempt, file a counter-motion for (a) clarification of the order and (b) modification of the order. Argue that the child is older now, and won't be harmed by seeing you cuddle up with somebody.

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Answered on 7/16/10, 4:24 pm


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