Child Custody “Morality Clause” Reversible on Appeal

In honor of June 9th, we wanted to remind everyone that the Alabama Court of Civil Appeals overturned a trial court’s ruling that “a morality clause [restriction on overnight, romantic guests] is ‘always in the best interest of the child[ren].’” Rather, the appellate court held that “restrictions on a parent’s conduct must be tailored to the specific facts of each individual case. The record contains insufficient evidence to demonstrate that the [parent’s romantic] conduct was indiscreet and had a detrimental effect on the children and that the restriction imposed was necessary to protect the children from further harm to their well-being.”