Q: Question about morality clause and amicus attorneys
I have primary custody of my 6 year old daughter. She has told me she’s been staying overnight with her mom at the boyfriends house. This past weekend didn’t even go home to the moms house. She’s even stayed overnight at the boyfriends without the mom there. All I have is my daughters word. I can’t afford a PI. But we have a clear cut morality clause that prohibits this.
I’ve researched using an amicus attorney. Can I have an amicus interview my daughter about all of this without the mom knowing until after the fact? The mom has been teaching my daughter to lie to me through all of this and I’m afraid that if she knows about the amicus, she’ll influence the daughter.
What should I do? I don’t want to take my daughter away from her weekends with mom. But I feel this may be temporarily needed until mom gets her head back on straight. What will the court do to the mom?
A:
The Court of Appeals in Dallas has struck down the Morality Clause for post divorce. It is still OK for Temp Orders, ie, while the divorce is pending.
However, the other side may not know this.
Any lawyer would need to see the actual Decree and read it, but assuming it is there as you say, you could try to enforce it by filing a motion for contempt; however, proving it would be difficult.
As far as an Amicus, that it something you could ask the Court to do, and then you cross your fingers because if the judge picks the wrong attorney, it could really backfire on you! The amicus question is one you should discuss carefully with your attorney.
A: And also, you could ask the court for a Child Custody Evaluation to be done so that a counselor, social worker or psychologist could interview the child and the parties and usually ferret out the alienation.
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