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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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My son has fathered a child and has stepped up to the plate.

Customer Question

My son has fathered a child and has stepped up to the plate. He pays for daycare and we get him one half time. The mother just moved in with this guy that she has known for 6 months. She has placed this man on the pick-up list at day care. Can she do this. My son has never met this guy.
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
I'm sorry to hear about your situation. In the absence of a parenting agreement and/or custody/visitation order that would say that she's not allowed to do this, she can. Such a clause is called a "morality clause". There needs to be some sort of binding language (contract/court order) that limits her rights that she otherwise has (such as moving in with a boyfriend). There are no laws that say that this is illegal, and so the restriction would need to be done by a court or by agreement.
If there's no court order or agreement in place, she could do this, but your son could still seek a modification of custody in light of her actions if he could establish that this is not in the "best interests of the child". Ultimately that would be up to a judge to determine, in light of all the facts of the matter.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?