Moral clause

[tbraquet]

What is the name of your state (only U.S. law)? Texas.

How do I protest a moral clause in the temporary orders? My ex wants to put a moral clause stating I cannot have anyone of a romantic interest in the house after 10pm till 6am and cannot have sex in the house if the children are in the house. I can't afford a lawyer, but I don't agree with this clause. How can I protest in legal terms since I don't have a lawyer?

Thanks for your help.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Texas.

How do I protest a moral clause in the temporary orders? My ex wants to put a moral clause stating I cannot have anyone of a romantic interest in the house after 10pm till 6am and cannot have sex in the house if the children are in the house. I can't afford a lawyer, but I don't agree with this clause. How can I protest in legal terms since I don't have a lawyer?

Thanks for your help.

You can object, but don't expect your objection to get you anywhere. It is quite common to have a no-paramour clause while the divorce is pending. It's not a good thing to be exposing kids to new relationships that early.

If they try to have it stay in effect after the divorce is final, you have a better chance of getting it thrown out.

 

[tuffbrk]

Ummm...you're establishing temporary orders and already have a love interest that you want to bring around your children? Judges are more sympathetic to this concept during the process of a divorce, not at all sympathetic to including it in the final judgement or thereafter.

Even if you said "yes" to this clause how does she plan to enforce it? How does she prove or you disprove who did or did not have sex in the house? How does she define a romantic interest? How does she prove the person sleeping over is a romantic interest? How do you prove that they are not - if it's a friend as opposed to a girlfriend? Messy, messy. And expensive if you go to court about it. Plus, the soon to be ex may just start getting really nasty in your negotiations. Soooo not worth it.

Simply put - keep little Miss Wonderful to yourself and spend time with her when your kids are with Mom. Simple enough, easy enough and the decent thing to do for your kids.

 

[tbraquet]

We have been separated for 8 months. He left 8 months ago and just now started the divorce proceedings since I asked him to. I have been seeing someone for 2 months and when he found I was seeing someone is when he started all this mess. He didn't care what I was doing until he found out about my boyfriend. My kids have met my boyfriend and he has already stayed over several times.

You also stated that it will be hard to have the clause stick in the final divorce. How would I go about making sure it is not in the final decree?

 

[tuffbrk]

Oh wow. Just wow. That is a really short period of time for your kids to adjust to seeing Mommy with someone other than Daddy. Sheesh!

And I apologize if that comes across as judgemental. It's just a knee jerk reaction. It's such a short timeframe. My divorce took 3 long years. I started dating 3 months after the divorce and my sons struggled with the concept!!

You keep it out of your final decree by reminding your stbx and the attorneys that the divorce relinquishes your rights to mandate anything to the other party. That includes where you live, how you live, how you parent, who you live with, etc. And it works both ways.

 

[tbraquet]

The children see the father as someone who walked out on them and they have taken to the new boyfriend very well. If the clause stays in there for the temp order, is there a way he can try to enforce it? How would that work? If he keeps driving by my house to see if the bf is there during the restricted hours is that considered stalking or harassment? And what are the consequences if the order is broken?

 

[Just Blue]

We have been separated for 8 months. He left 8 months ago and just now started the divorce proceedings since I asked him to. I have been seeing someone for 2 months and when he found I was seeing someone is when he started all this mess. He didn't care what I was doing until he found out about my boyfriend. My kids have met my boyfriend and he has already stayed over several times.

You also stated that it will be hard to have the clause stick in the final divorce. How would I go about making sure it is not in the final decree?

So...Are you a man or woman?

Posting history folks...

 

[tbraquet]

Not sure how this matters, but I am a woman.

 

[Antigone*]

The children see the father as someone who walked out on them and they have taken to the new boyfriend very well. If the clause stays in there for the temp order, is there a way he can try to enforce it? How would that work? If he keeps driving by my house to see if the bf is there during the restricted hours is that considered stalking or harassment? And what are the consequences if the order is broken?

If you violate the court order, losing custody of your children is quite the possibility. Is the new fling worth it?

 

[tbraquet]

We are talking marriage. So it is serious.

 

[tbraquet]

Would it be different for the man??????

 

[Antigone*]

Would it be different for the man??????

Talking marriage after 2 months

The order would apply to him as well.

 

[Just Blue]

We are talking marriage. So it is serious.

Texas does not recognize same sex marriage.

 

[tbraquet]

This is not same sex marriage.

 

[Just Blue]

Not sure how this matters, but I am a woman.

Your posting history says otherwise.