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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3455
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I am divorced 1/2 yrs now, I have a morality clause in my

Customer Question

I am divorced for 3 1/2 yrs now, I have a morality clause in my decree that states no overnights guests of opposite sex until marriage. I have been in a committed relationship for 3 years and we both have chosen that marriage isn't something we want but are bound by this decree. What are my options of having it removed? My ex, who has had multiple partners in those 3 yrs will not void this.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Is there anything else important you think the Family Lawyer should know?
Customer: My ex lives with his family, and when my son visits he does not have his own room and stays with his dad in his bed. He has been late returning him in multiple instances and has been late on child support.
JA: Our top Family Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Family Lawyer in on everything we've discussed. You can go back and forth with the Family Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Michael J, Esq. replied 1 year ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.

That type of clause seems highly prejudicial. The way to have the current custody order changed is to file a motion to modify it and request the court to remove that stipulation, claiming it is placing an undue hardship on you. Also, that you're in a committed relationship and the clause should not apply in that case. It will be up to the Judge, but I don't see how a Judge could force you to never have someone stay the night again.

The standard for modifications is a "material change in circumstances". One possible example of a material change could be that you are now in a long-term, committed relationship and the clause should no longer apply.

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DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

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