Legal Question in Family Law in Texas

To establish a common-law marriage, you have to prove three things:

1. You agreed to live together as husband and wife;

2. You actually did live together as husband and wife in the State of Texas;

3. You held yourselves out to your family and friends as a married couple (meaning you told folks you were married).

Element #3 is very hard to establish and that's where most "common law" marriages in Texas fall apart.

There is nothing you can do to prevent your mother from swooping in without going to court. Your BF could file a suit affecting the parent-child relationship asking to be named a conservator of the children under Texas Family Code section 102.003(a)(9). He could file one day and you could enter an agreed order making him a joint managing conservator the next day. That would probably shut your mother down...unless she could file under 102.004 alleging that the children's present circumstances are dangerous.

Good luck!!