Legal Question in Family Law in Texas

Child custody, alimony, divorce, and child support

When 2 people live together for 10 years have 3 kids,but are never married,have no financial responsibilties together except kids.She has never attempted to get a job,he has always provided she has had a drug depedency,numerous affairs''alienation of affection'',attempted suicide,and is considered an unfit mother by many.What are the legalities on her receiving alimony,the father aquiring custody of the kids,if division of property is necessary and do they need a legal divorce since Texas is a common law state.


Asked on 12/06/01, 12:56 am

1 Answer from Attorneys

Re: Child custody, alimony, divorce, and child support

The answers to your questions depend on whether the two of you have a common law marriage or not. If so, then the property you have acquired during the relationship is subject to the rules of marital property. As for custody, with or without the marriage, the court will apply the best-interest-of-the-child standard in determining conservatorship of the children.

I advise you to seek legal counsel. Litigating just the custody issue alone is tremendously complex and the stakes are high when your child's future is involved.

Best of Luck

Stephanie T. Shipp

Attorney At Law

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Answered on 12/10/01, 2:30 pm


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