My lawyer says that it is very unlikely that I will be able to add a morality/paramour/etc. clause to the agreement. My ex is taking our daughter out of state every weekend to his girlfriends house, and I have just learned that his new girlfriend is still married. I am re-married, so this has nothing to do with my ex, I am happy for him, but I just don't think it is ok for my daughter to be exposed to all of this. What are the chances that I could add a morality clause and/or do anything else to protect my daughter int this situation if I go through the courts? Or should I try to come to an agreement outside of court as my lawyer suggests, and not even try to stop him from involving my daughter in this troubling situation?
Unless you can articulate an argument as to why the other woman is harming your daughter, by hitting her, verbally abusing her, denying her food or drink or abusing her in other ways, it is unlikely the court will be motivated by your desire to ask the court to enforce a morality clause. Judges see adultery all the time, so morality violations do not have the same effect as they might have had fifty years ago.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
If you question your attorney you should let him know or you should schedule a consultation with an attorney not in a public forum to get a 2nd forum
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If you have any concerns you should be able to speak with your lawyer. If you think you need a second opinion then you should just get it. We do not have all the information necessary to give you concrete advice. From the information that you have provided is seems you are getting good advice.
Legal disclaimer: Mr. Tabaku is an attorney licensed in the state of Maryland. This answer is for general information only based upon the facts stated in the question and does not create an attorney client relationship between Mr. Tabaku or The Law Offices of Triantis & Tabaku, LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Unfortunately, morality clause should have been part of the original Agreement. Modification based on the facts presented is probably be unlikely.
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