When working through a Texas divorce, lawyers help their clients negotiate the agreements included in the final divorce decree.

In circumstances where children are involved and divorcing parents must also negotiate a custody agreement, attorneys sometimes suggest including a morality clause in the decree.

The Texas Morality Clause can be included upon agreement of the parents to protect the welfare of their children; however, law firms recommend that parents fully consider the effect of this clause before relying on it.

What Is The Texas Morality Clause?

The Morality Clause recognized by the Texas family court is a legal provision designed to protect the best interests of a child concerning their post-divorce custody and care.

The clause can be inserted into a divorce or custody decree after spouses and their lawyers negotiate its terms, which usually dictate parental expectations during visitation and other agreements on safe and stable child raising.

Morality Clauses most commonly address issues like alcohol or drug use by the parents, restrictions on dating or non-related romantic partners sleeping over when a parent has the child in their home, and other behaviors deemed immoral by the parents when they and their attorneys negotiate custody agreements.

Though designed to help parents protect their children in a divided family situation, law firms sometimes find the use of morality clauses controversial, causing more problems than they solve.

What Are the Positives of A Morality Clause In Divorce Decrees?

A benefit to including a Morality Clause in a divorce decree is the element of parental control it gives to both parents to ensure their children are kept safe from behaviors that could affect the child's moral, emotional, and physical well-being.

Lawyers find that these clauses encourage parents to have responsible relationships, avoid questionable activities, and think first about how their actions and lifestyle choices can affect their children.

What Are The Cons To A Morality Clause In Divorce Decrees?

Although the purpose of a Morality Clause is to focus on the children and what is best for them, attorneys often find parents reversing that focus to themselves when it comes into effect, suddenly believing the clause is their ex-spouse's way of controlling them post-divorce.

Another disadvantage law firms see when spouses include a Morality Clause in their divorce decree is the problems created should enforcing the clause become necessary.

Commonly, the end result is one parent losing some of their custody rights due to a breach of the agreement.

In turn, this can create hostility between the parents in a situation that demands high levels of cooperation to foster good co-parenting.

While this clause may be justified in some instances, lawyers frequently see the clause weighed against a parent in such a way that creates a poor relationship between the parents, which is also not in the best interest of the children.

Discuss Morality Clauses With An Experienced Divorce Lawyer

The issue of Morality Clauses and whether they should be included in a Texas divorce decree is complicated, as it can be beneficial in some cases yet harmful in others.

For this reason, parents considering using this clause should discuss it thoroughly with an experienced attorney who is knowledgeable about Morality Clauses in Texas and when they are more recommended.

Fortunately, there are often other agreement-based options outside of a Morality Clause that lawyers can suggest parents use to negotiate when trying to work collectively on a custody agreement that is most beneficial for their child.