Legal Question in Family Law in Texas
Child custody of my daughter
My common law situation with my girlfriend has gone on for five years. She is currently still legally married to a previous husband. She never tried to change that, even after numerous attempts to get her to do so. She recently took my daughter (Emily age 3 1/2) and her belongings and left. When she was born she took my last name and I signed legal responsibility for her. My girlfriend has no job and went back to her mothers. She also has two kids from her previous relationship. All of them lived with me in my house the whole time we were together. I don't like the situation at her mothers because they only have on extra room. That means my girlfriend and all three kids have to share one room. My question is, do I have a legal right to go and get my daughter since she has my last name and I am legally responsible for her? Any advice would be helpful.
1 Answer from Attorneys
Re: Child custody of my daughter
You need a good family law attorney asap. This is more complicated than you think. There was never a common law marriage because the baby momma is still married to someone else and technically your daughter is a child of that marriage until there is a Court order that says she isn't.
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