Legal Question in Criminal Law in Texas
is there such a thing as common law parentage? That if a person moves into a home; after staying there for a period of time "he" might be considered common law married, He now can also punish with physical hitting the children that lived there?
Asked on 2/01/13, 8:51 am
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
Common law marriage requires three things: (1) an agreement to be married; (2) holding selves out as married; and (3) living together. As far as punishing, the person is like a parent in the home and can use reasonable punishment BUT it is an agreement between couple, too. If the birth parent says no corporal punishment, then that's it.
Answered on 2/01/13, 10:20 am
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