Many of the parents I represent in Pasco County divorces don’t want their children to see the other parent engaging in overnight visits with a boyfriend or girlfriend to whom they are not married.
In that case, if the parties agree, a “morality clause” can be inserted into the custody agreement. The clause usually prohibits cohabitation or overnight visits with the opposite sex when the children are present until the parent is remarried.
In most cases, if this type of clause is included in the agreement, both parents have to agree, and both parents have to abide by the terms of the clause. If the clause is violated, it can be tough to enforce, however.
First, you would have to actually prove that your ex was living or engaging in overnight visits with the opposite sex. It may not be that difficult to prove a cohabitation arrangement, but proving overnight visits happened could be tricky.
Even if you could prove the visits occurred and your child was aware of the arrangement, that alone may not accomplish much. If you asked for a change in custody or visitation, you would have to go back to court. In court, you would probably be required not just to show that the agreement had been broken, but also that the child was harmed by it.
That could be difficult. If your ex had several different overnight guests in a week, the custody arrangement may be modified, but it’s probably unlikely it will be changed because of a few overnight visits.
It can be extremely maddening when you agree to something in a divorce and your ex doesn’t live up to his or her share of the deal.