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As a Custodial Parent of a 5 & 7 year old, my ex is threatening a Custody Suit due to my Fiance' & his kids spending the night.

Houston, TX |

We sleep in Separate beds. I sleep in the Master Bedroom with my two kids and he sleeps with his son and his other child sleeps in another room. We are Not in the same bed and we are Not allowing our children to see us in the same bed. I do Not have a Morality Clause in my decree. Is this something I should seek legal council about? It's a fairly new relationship and my ex just flat doesn't want me to move on and have our children around another man and has harassed me via text stating he will make my life a living hell when I get with another man. I just need to know what My Rights are so that I can effectively handle this situation in the best way possible.

Attorney Answers 3


  1. You might consider consulting with a lawyer in your particular county regarding the attitudes of your local judge(s), just to make sure you're ok. Otherwise, if there is truly no morality clause in your decree, then you're not violating the court's order. But that doesn't mean your ex won't file something anyway.


  2. It sounds like you are in good shape. Depending on the court and the length if time since the divorce, he might try to modify. You can head it off by getting married to the fiancé.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.


  3. If the other parent does not like what is happening, he can go to court and see if a judge will agree with him.

    Marrying the other person is definitely one idea. If you are married and the man is not a registered sex offender or does not have a criminal record then I doubt that any judge will do anything.

    If you don't want to risk spending a lot of money on attorneys and going to court, then just stop having the guy spend the night under your roof. If your ex is able to prove that there is something "bad" going on then he can ask for custody of the children. The burden is on him to prove that the situation is bad for the children. You always risk losing custody if you go before a judge. Judges look out for the "best interests" of minor children. This term is not defined in the State of Texas so it can be interpreted anyway the judge feels.

    www.familylaw4u.com

    Fran Brochstein has been a licensed Texas attorney over 22 years. She is a Advanced Credentialed Mediator by the Texas Mediator Credentialing Association. Fran enjoys educating people about Texas laws and mediation -- her motto is "knowledge is power". She has a full-time family law mediation practice in the Houston area. She is also trained n elder law mediation. If you need a consultation and mention that you saw this on www.avvo.com - Fran will give you a discounted rate of $175/hour -- her usual hourly rate is $300/hour. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week on her personal cell phone.

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