What Are Morality Clauses In Custody Agreements?

What Is a Morality Clause in Child Custody?

A morality clause in a custody order outlines actions that neither parent can engage in while their children are present. For a morality clause to be included, both parents have to agree to it. This also means that both parents are expected to follow whatever is agreed to. 

Morality clauses are sometimes included in custody agreements as a way to protect children as they adjust to their parents living separately and being divorced. If a parent violates a morality clause that’s part of their custody order, it could be grounds to modify a custody agreement, or, depending on the circumstances, the parent could be held in contempt.

Common Clauses In Custody Agreements

There are a few common morality clauses that are included in custody agreements. The most common is saying that no significant others are allowed to stay overnight while the children are present. As part of this, the overnight timeline can be set. This is usually something like 10 p.m. - 7 a.m. or other similar times. This sort of restriction is intended to prevent children from feeling uncomfortable with their significant other's presence and prioritize existing family relationships as well as help the child’s development. 

Restrictions on significant other’s presence are relatively common. It’s common to say that significant others not married to the parent are not allowed to live in the home with the children. The morality clause could also go as far as to say that the significant other cannot be home while the children are present or go on vacations with them. 

To protect children from unknown influences while they’re in the custody of their other parent, morality clauses can also prohibit specific behaviors in front of the children, such as the use of drugs or alcohol.

Advantages of Morality Clauses

The main advantage of morality clauses in a divorce custody agreement is that it allows you to retain some control and peace of mind about what you’re children are exposed to and who they’re around when they aren’t with you. Clauses on a significant other's presence around your children allow you to know to some extent who is and isn’t around your children and when they can be around your children. 

If you’re worried about your children being exposed to unsafe behaviors while in the custody of their other parent, a morality clause could help protect them. Excluding specific behaviors in front of your children at the risk of losing custody rights can help you feel like your children are safe when they’re not around you.

Disadvantages of Morality Clauses

It’s important to remember that both parents have to agree to the terms of any morality clauses. This means that you have to conform to any rules that you would want to be placed on your ex. While you may feel like the terms of the morality clause would be easy to fit into your life now, it’s important to remember that your life might change, and these terms might make your life difficult in the future.

Morality clauses can cause issues if your ex is spiteful and trying to disrupt your life after the divorce. They could use a morality clause to try to punish you or gain the upper hand in your custody proceedings. 

They can also be difficult to enforce. Morality clauses operate on what is essentially an honor system that expects the parents to uphold the agreement. Still, they can’t guarantee that your children won’t be exposed to people or environments that you’d like to protect them from. In some cases, even if you can prove that your ex violated the clause, if you can’t prove that it was harmful to your children, the violation may not be enforced.

Contact a Family Law Attorney Today

It’s important to feel like you’ve done everything that you can to protect your children when they’re not around you, but a morality clause can be a difficult way to do it. 

Having a morality clause doesn’t guarantee that your ex will follow what you’ve agreed to in the clause, but it does mean that they could make your life more difficult if they want to. Before agreeing to a morality clause, it’s a good idea to consult with an attorney. They can help advise you on how certain clauses might impact your life and things are likely to make a difference.

Jason Campbell is a Mississippi family lawyer who works with custody issues. If you’re going through a custody battle, contact us today to learn more about how we may be able to help you.