Legal Question in Family Law in Texas

Common Law Marriage and Child Custody

Hi. I lived in Colorado for 2 1/2 years and then one year in Texas with my common law husband, and we have a 3 1/2 year old son. We ''declared'' common law in Colorado, filed taxes together, he is on my medical insurance.

Now, I live in Texas with my parents and am interested in getting a divorce and file custody on my son. Do I need to file for a divorce since it was common law or do I just file for custody? Is the marriage legal?


Asked on 1/12/04, 10:38 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Common Law Marriage and Child Custody

You ask a very complicated legal matter in a very short question.

It sounds like you have a common law marriage. Therefore, you need a divorce.

If he is able to prove there was no marriage, then the case would switch to a paternity case.

I hope this answers your question.

If you have any questions, please call my cell phone for a free phone consultation at 713-805-9591. I'm home sick so be sure to leave a message with your call back phone number if I don't pick up immediately.

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Answered on 1/13/04, 12:23 am


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