/Family-Law/Divorce.aspxWith all of the bad behavior and poor choices seen in the world today,
parents have a huge task to teach their children. It is especially hard
when the children live in two different households. Imparting good morals
and values on your children becomes paramount, especially since your children
spend some of their time away from you.
Marital Separation Agreements very often include a “Morality Clause” by consent of both parties
involved. When the case proceeds to trial, the judge may include the mentioned
“Morality Clause”, but this is not the norm.
The Morality Clause has been used for a number of years to prevent a spouse
from living with a member of the opposite sex or having overnight visits
with the opposite sex before that spouse has remarried.
Both parties are subject to the “Morality Clause” when the
clause is used to prevent intimate relationships before re-marrying. It
does often present a problem when only one of the parties involved agrees
to abide by this clause. It is very difficult to actually enforce this
type of agreement. Providing the evidence of overnight visitors showing
a violation of the “Morality Clause” can definitely be a challenge.
In the case that one party has overnight guests of the opposite sex while
the child is in their charge, the judge will want proof that damage has
been done to the child. When this agreement has been violated, it opens
up the legal decision making and parenting time issue again. Usually the
spouse who wants to enforce the agreement is the one seeking sole legal
decision making power. However, unless the judge sees repeated violations
of the agreement, such as multiple visitors of the opposite sex several
times a week, it is unlikely that sole legal decision making power (previously
known as sole custody) will be awarded to the other spouse. More parenting
time to one parent could result.
A “Morality Clause” could also prohibit the use of alcohol
and/or illegal drugs when the child is present. A
well-qualified family law attorney will be able to help you evaluate your situation and make recommendations
in this regard.
If you need assistance with a morality clause, please get in touch at
your earliest convenience. At
Arizona Family Law Attorneys
we’re prepared to help you resolve your situation as quickly as possible.