Legal Question in Family Law in Texas

Can a couple be considered "common law" married if they are legally divorced? If so, does this negate custody granted to the partner previously awarded?

My husband and I reconciled after being divorced for a year. We are not legally remarried. He won custody rights on the basis that I was in treatment for depression. If things do not work out in our reconciliation, will I lose my daughter again? We have been reconciled and living together for 3 years now. He constantly threatens that if I leave, I will lose her. Is he right?


Asked on 1/29/10, 10:40 am

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

You definately need to meet with an attorney to discuss your situation.

I don't think anyone can adequately address your issues in an email.

You might be common law married. Again, if you might not -- have not "agreed" to be married, told people you are married and done something to prove you are married (file taxes together or be in car insurance as a spouse).

I charge $1 per minute to sit and talk.

Email me at [email protected] for an appointment.

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Answered on 2/03/10, 12:25 pm
Keith Engelke Law Office of S. Keith Engelke

Another issue you need to think about is child support. If you and your ex are back together, you need to terminate any child support obligations.

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Answered on 2/04/10, 10:22 am


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