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What is a morality clause?

On Behalf of | Jun 30, 2023 | Child Custody |

There are many factors that can decide who gets custody of the children after a divorce. One of them may well be the morality that a parent may be seen to adhere to. This is an issue to pay attention to if you are getting divorced in Maryland. It’s good to know what behaviors to show and not show. This is knowledge that can help you make a stronger case for custody.

Why do courts include a morality clause?

The level of morality that each partner exhibits after a divorce can be a very contentious issue. This is one of the factors by which a court can decide who gets the major or full share of child custody. For this reason, it’s very important to know what constitutes good moral behavior, especially in reference to your actions around your children.

What are the factors to look for?

A morality clause is an issue that may rear its head during negotiations for co-parenting. There are certain rules that may typically be insisted on before both parties agree to any further custody sharing arrangements.

A morality clause may include the stipulation that neither parent can have a significant other sleep overnight while children are present. This only becomes invalid if the parent has married this other person.

There may also be a rule that states that neither parent can have a person of the opposite or same sex live in the home. This means that the other party has to find alternate accommodations while children are present. The rule is invalidated if the parent is legally married to this other individual.

The idea of a morality clause may seem old fashioned and obsolete to some. However, it has proven to be an effective way to resolve post-marital custody disputes.


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