Legal Question in Family Law in California
Separation and Child Custody
I'm leaving a 13 year relationship with a man, who I have a 12 year old child with, and I'm concerned about whether our relationship is legally considered a ''Common Law Marriage'', and if so, what are some of the legal ramifications I could face, and could he pursue child custody with the goal of suing me for child support payments, although he doesn't work and I am the primary caretaker for our child - with the exception of him taking her to and picking her up from school and staying home with her for an average of 3 hours daily while I'm at work?
2 Answers from Attorneys
Re: Separation and Child Custody
Common law marriage does not exist in California however, palimony does. Since paternity does not seem to be a question, you should at least get an agreement put together regarding custody, etc. Call to discuss further. Don Holben 800-685-6950
Re: Separation and Child Custody
As stated by the other attorney California does not have a statute that results in a common law marriage. However, if the two of you lived together in a state that recognizes common law marriages, and you met the requirments of that state the common law marriage would be recognized in CA.
Parental rights are not contingent on marriage. When the parents are not married biology generally determines parental rights.
The court looks to the primary custodial parent when dtermining custody. It also normally tries to maintain the status quo, if the child is doing well.
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