Legal Question in Family Law in Texas

I have a morality clause on my divorce from 2 yrs ago. I am in a serious 2 yr relationship and am planning on moving in with my boyfriend. My ex is totally against it. My ex had a morality clause on his divorce and I moved in with him and his daughter and got pregnant before we were married. Is there any chance of losing my child due to moving in with my boyfriend because of this clause?


Asked on 1/31/12, 5:51 pm

1 Answer from Attorneys

Roger Merrill Merrill & Associates

It does not matter that your ex violated his clause with you. You have a court order and it sounds like your ex will seek to have it enforced if you violate it. The judge will want what is best for the child. You can marry or you can live with your new guy when your child is with your ex. Maybe you can declare that you are common law married. I don't know whether this would satisfy the divorce decree or not. It will take both you and your new guy saying you are married. A common law marriage is not enforceable if a couple splits and legal action is not taken by one of the common law spouses within a relatively short period of time.

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Answered on 1/31/12, 6:41 pm


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