How Do Illinois Family Courts View Morality Clauses?

 Posted on March 10, 2025 in Family Law

Some family courts across the U.S. - like Texas - routinely place a morality clause in child custody agreements. The theory behind this is to provide stability for children of divorce at a time when their lives may be in upheaval. A morality clause prevents newly single parents from allowing a romantic interest to spend the night when the children are present.

A morality clause can also contain restrictions on alcohol, specific religious observances, and exposure to politics, although these are less common. Also known as a paramour clause, a morality clause can even forbid any guest of the opposite sex from being present during parenting time.  A morality clause is meant to address the parent who is apprehensive about their ex-spouse exposing the children to new boyfriends/girlfriends that they may not know well.

The overnight guest morality clause often expires once a couple has been dating for a certain amount of time or is engaged or married. While morality clauses are not routine in Illinois, they are sometimes added to parental agreements like the allocation of parental responsibilities and parenting time.  If your spouse is asking for a morality clause or you want one in your parenting documents, it can be helpful to speak to an experienced Bloomingdale, IL family law attorney.

Can a Morality Clause Be Included in My Parenting Plan?

A morality clause can only be entered into by agreement of both parties in the state of Illinois and is included in the allocation of parenting time and parental responsibilities.  Even if both parents are in agreement about a specific morality clause, the court may disagree. If an Illinois family court does not approve a parenting plan, it can conduct an evidentiary hearing to determine whether the parenting plan is in the child’s best interests. (750 ILCS5/602.10(d))  

Unless a behavior has an identifiable effect on children, Illinois courts do not get into what is and is not "immoral" behavior. This is the same reason that marital property in the state is divided without regard to marital misconduct and why spousal support is awarded without regard to marital misconduct. Illinois courts do not seek to determine what constitutes immoral behavior and are only interested in the child’s best interests.  

When allocating parenting time, the courts simply do not consider any conduct of a parent that does not directly interfere with that parent’s relationship with the child and believe that parenting time should never be used to punish or reward parents for their conduct. For all these reasons, Illinois family courts believe there is no jurisdiction for ordering a morality clause, so this type of clause can only be included by agreement.

How is a Morality Clause Enforced?

If the parents agree to include a morality clause and the court signs off on it, then the clause will be enforced to the extent possible. If one parent consistently violates a morality clause – and the other parent has proof of these violations – then the court may sanction the violating parent with fines, changes in parenting time, or even jail time (in extreme situations). Violations of the morality clause could also result in an order granting the other party’s attorney’s fees as reimbursement for the expense of having to enforce the agreement. Rather than violating a morality clause, it is a much better idea to petition the court to have the morality clause removed from the parenting plan.

Contact a DuPage County, IL Parental Responsibilities Lawyer

Perhaps you agreed to a morality clause at the time of your divorce and now want it removed. Maybe you believe your ex consistently brings unsavory people to his or her home to spend the night while your children are present, and you want to curb this behavior. Either way, a Naperville, IL parental responsibilities attorney from Mevorah & Giglio Law Offices can help.

We are a large law firm with extensive resources that benefit our clients. With over 175 years of combined experience, we believe strongly in frequent communication and transparency for every client. Call 630-932-9100 to schedule your free consultation.