Click here to download an article I have written on why family court judges and lawyers need to rethink the so-called "morality" clause, which enjoins a parent or conservator from allowing a boyfriend or girlfriend from spending the night when the parent or conservator has possession of the child.
As of March 2012, when United States Census did a supplemental survey on family living arrangements, 15.3 million unmarried heterosexual individuals were in live-in relationships. That is 6.5% of all U.S. adults 18 and over. The Census Bureau reported that 41% of cohabiting couples have children living with them. The majority of Americans under age 30 now report living together before getting married.
The so-called "morality clause" injunction should usually not be ordered because:
1. The act that is being forbidden is not considered "immoral" by the vast majority of Americans. The "American Values Survey" conducted in 2012 of over 2,000 Americans on behalf of Atlantic Magazine and The Aspen Institute found that the great majority (69%) of Americans believe that a heterosexual, unmarried couple living together is morally acceptable.
2. There is usually no evidence that allowing a boyfriend or girlfriend to spend the night when the child is present will harm the child.
3. The so-called "morality" clause is fundamentally wrong because it tries in advance to forbid conduct that is not always harmful to children.
4. The real harm that most judges want to prevent with the so-called "morality" clause can easily happen during the day or with a married parent.
5. The injunction is about the only instance when judges forbid legal parental behavior in advance and try to micro-manage what is done around the child. It is based on an assumption that, regarding this one behavior, a loving parent will not use common sense or protect the child.
6. The injunction ignores the perceptions of children and the realities of many single parents' lives.
7. This injunction unconstitutionally invades the parents' rights of privacy and right to make parental decisions without any evidence of harm to the child.
8. It is very difficult to enforce the so-called "morality clause" injunction.
An injunction against allowing a boyfriend or girlfriend to spend the night should usually only be ordered when there is evidence that a parent has allowed a "revolving door" of lovers to enter their child's life or the child has actually been harmfully exposed to adult sexual activity.
Click here to download this article on the so-called "morality" clause if you are willing to challenge your preconceived notions about what should usually be done in child custody orders.
