What is a Morality Clause in Child Custody Issues?

 Posted on March 07, 2025 in Child Custody

Parents who are facing a divorce that includes child custody issues in Texas may be surprised that the custody orders include a morality clause. Parents who are in the process of divorce, or whose divorce is final, who have a morality clause may not have a romantic partner stay the night with them while a child is present. The idea behind a morality clause is to provide children with stability at a time when their lives may seem less than stable.

It can be difficult for children to have someone new brought into their lives before the ink is dry on the divorce. With or without a morality clause, parents should be sensitive to this issue. But how long is long enough? And how effective is a morality clause in protecting children from seeing more than they are ready to see? Does a morality clause actually hold up in court? If you have questions regarding a morality clause in your custody orders, speak to a knowledgeable Fort Worth, TX family law attorney.

How Effective is a Texas Morality Clause?

A morality clause may be extremely effective or may have no effect whatsoever on a parent's behavior. Parents who are typically "rule followers" will respect a morality clause in the custody orders and will do their best to prioritize the well-being of their children. However, parents who have these characteristics are unlikely to bring a romantic partner home to spend the night anyway because they want to avoid confusing their children or creating an unstable home life.

For a parent who is always looking for loopholes in life, the morality clause will have little effect on his or her behavior other than to force the parent to find creative ways to circumvent it. For example, a parent might have his or her romantic partner arrive late at night after the children are in bed and leave early in the morning before the children are awake. A parent who sees the morality clause as an invasion of privacy will find plenty of ways to circumvent the rule.

There is also a gray area in how "overnight" is defined by different Texas counties. Those living in Denton County will find that the morality clause dictates "overnight" to be from 10:00 p.m. to 7:00 a.m. Other counties have different definitions of "overnight." Parents determined to find a way around the morality clause will find plenty of ways to engage in deception and do what they want.

Can a Morality Clause Be Enforced?

If one parent believes the other is in violation of the morality clause, he or she will likely have to spend a significant amount of time hanging out in disguise and a rental car, taking photos of their ex’s home - or will have to spend money on a private investigator. Even with photos of a parent’s romantic partner coming and going, evidence may not be enough without a witness.

While the "best" witness might be a child who is inside the home, this is not a position a child should be placed in. A parent must file an enforcement action for violations of the morality clause, which requires time and money. A parent may feel like the time and money are worthwhile, and then their ex marries the romantic partner in question, making the violations of the morality clause a moot point.  

Pros and Cons of a Morality Clause

The pros of a morality clause include safeguarding the best interests of the child, maintaining some level of parental control over the child’s living environment, encouraging responsible relationships, and preventing additional disruptions and conflicts between parents. Cons associated with a morality clause include a restrictive nature that can hinder a parent’s ability to develop new relationships, challenges in enforcing the morality clause, and the potential to increase court battles between the parents.  

Contact a Fort Worth, TX Child Custody Lawyer

If you are going through a Texas divorce that includes child custody, an experienced Fort Worth, TX child custody attorney from The Law Office of J. Kevin Clark P.C. can help. Our firm has a special focus on divorce from narcissistic spouses and first-hand experience with the stress of divorce. Call 817-348-6723 to schedule your free consultation.