Did you know that at a certain age, children of divorce can choose to no longer visit one of their parents? With good reason, a child’s concerns can be brought to the court’s attention by an attorney, and these concerns will be taken very seriously in altering a divorce decree. In addition, if at any time one parent has a concern about the other regarding their child’s safety, a legal injunction may be filed by the concerned party’s lawyer. Part II of my interview with Houston Attorney Sio Ramirez Pitre enlightens us with further details on these matters as they pertain to a “morality clause”.
If you reside in Houston Harris County, you will only have this morality clause in your proceedings when one of the parties petitions for such an arrangement. If you live in Montgomery County, you might be surprised to learn that all parties in a divorce process must abide by the strict guidelines of this clause the entire time prior to an official divorce decree. Other outlying counties may or may not have this clause.
What is this worrisome clause all about? Simply put, when your child is in your care, you can not drink alcohol. In addition, when your child is spending time with you, you may not have a boyfriend or a girlfriend in your home or around your child. Such an altered lifestyle is a big challenge for many parties going through divorce. However, all such issues are certainly in the best interest of children.
Of note: although many people divorcing might be concerned about their ex’s behavior, you must bear in mind that any restrictions filed against your ex will also apply to you. So if, for example, you reside in Harris County and you want to make sure your ex-husband does not have his mistress/”home wrecker” at his home when your children are there, you may file an injunction. However, you are now also bound by the same injunction and thereby will not be allowed to have your serious boyfriend around your children at anytime.
What about geographical restrictions? If there was a restriction or an injunction and your situation changes, can your divorce decree be altered? Sio will answer these questions with her professional and helpful insights during part II of the child custody section of my divorce support legal video series.
Sio Ramirez Pitre is located at 26009 Budde Road, The Woodlands, TX 77380. You may reach her at 281-363-3700.
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