Mom Claims She Was Forced into the Morality Clause

Custody hearing. The main points are:

The Case: A modification to a divorce decree is being considered. The parents, Annette Cochran and Jason Cochran, have a 50/50 custody arrangement. The father, Jason, is seeking temporary primary custody of their three children due to concerns about the mother's living situation and parenting choices.

Father's Concerns: Jason's primary concerns are Annette's violation of the divorce decree's morality clause (living with a boyfriend, Michael Reed, who has a past aggravated assault conviction), potential substance abuse (marijuana and alcohol) in the home, and inadequate support for their youngest child's learning disabilities. He also alleges inconsistent parenting and conflict in front of the children.

Mother's Arguments: Annette argues that the father initiated the CPS call, that her boyfriend has no felony convictions and that the allegations of substance abuse and neglect are exaggerated. She claims she was forced into the morality clause due to financial hardship and that Jason reneged on a previous agreement to modify it. She accuses Jason of creating conflict and not adequately addressing their son's needs. She also claims Jason is often absent and relies heavily on Annette's mother for childcare.

CPS Report: The CPS investigator, Janice Jones, conducted an alternative response investigation. She found no immediate safety concerns, though the children reported verbal altercations between Annette and her boyfriend. The oldest child, Hayden, expressed unhappiness with living at her mother's house, citing the Wi-Fi incident as a major point of contention. A drug test for Annette was diluted, showing a negative result but raising some concerns. CPS referred the family to counseling services to address parent-child conflict.

Judge's Decision: The judge orders temporary primary custody of the 14-year-old, Hayden, to the father. The younger children remain with the current 50/50 schedule. The morality clause remains in effect, with the boyfriend prohibited from disciplining the children. No immediate change to child support is ordered. The judge orders mediation and schedules a further hearing in 60 days to address the morality clause and other ongoing issues. The judge strongly encourages Annette to cooperate with the visitation schedule for Hayden.

The hearing reveals significant conflict and communication breakdown between the parents, impacting the children's well-being. The judge's decision aims to provide a temporary solution while encouraging further mediation and resolution of the underlying issues.

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