QUESTION
Does the morality clause still apply even though I'm married?
Asked on Dec 23rd, 2013 on Child Custody - Michigan
More details to this question:
My children's mom and I weren't ever married, & in our custody papers, I did agree to a morality clause. However, I'm now married and my children's mother is stating I still can't have overnight romantic visits while I have my children even though I'm married. She states that the moral clause still applies until I take her to court to have it removed. How is this accurate? Moral clauses are only in effect to unmarried overnight stays, correct? I have my scheduled visitation with my children this week, & she's saying my wife can't stay overnight. I've told her numerous times she's incorrect, & the moral clause doesn't apply to me now that I'm married. Thanks for your help on this matter. I'd also like to add that my current wife doesn't have any felonies, child neglect, or child abuse against her. My ex just doesn't want me with anyone or having my children around another female who's clearly a better mother than her.
6 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You are correct a morality clause deals with no related persons if the opposite sex.
Answered on Dec 30th, 2013 at 7:11 AM
In California, this would be laughed at. Of course there is nothing immoral with sleeping with your wife!!! Of course a morals clause only applies to unmarried sex. What universe does she live in?
Answered on Dec 26th, 2013 at 9:34 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Take your custody agreement to a local attorney and have him or her review it with you. I doubt that a judge would think it is immoral for you to live with your life, so you may want to file to modify the custody order anyway.
Answered on Dec 26th, 2013 at 9:33 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You are absolutely correct. Take her to court for contempt if she denies you visitation.
Answered on Dec 24th, 2013 at 10:00 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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A morality clause is intended to prevent a parent from committing immorality by shacking up with a lover are having one night stands with the child present in that parent's home. Never in 1 million years was a morality clause ever intended or used to prevent a parent who is married from living with his spouse and a child at the same time. If I were you I would warn my ex-wife that if she does not comply with the parent time provisions of the decree and quit making a false issue of your wife and silly claims that her presence in the home overnight with you violates the morality clause, I will not only move to have ever held in contempt of court, but petition the court to change custody based upon her bad faith treatment of you, your wife, and the child.
Answered on Dec 24th, 2013 at 9:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are correct, and it appears to be her problem.
Answered on Dec 24th, 2013 at 3:34 PM