Legal Question in Family Law in Texas

1. You need to talk to an attorney. You have an extremely complex legal problem. It is much too complicated to try to attempt to fully answer in this small space. Also, you have not given enough information to try to answer. It's worth a couple of hundred dollars to pay an expert (an attorney) for an answer. Look on this website for an attorney. These attorneys answer questions for free. Read their answers & pick one.

2. Being gay used to be a "big deal". But these days most judges don't get that upset any more. You will need to talk to an attorney in your county to see how the judge feels about alternative lifestyles. Years ago being gay used to mean that the parent automatically lost custody. Today, that rarely happens.

3. Common law marriage is Texas is alive & well. However, there is a time period. If you have been separated over 5 years, then the statute to limitations has run. You can read the State of Texas Family Code on-line. Just "google" it & read it. Be aware that the Texas legislature meets every 2 years (they are meeting in 2011) and they are free to modify the law. They have not significantly modified common law in several years & I don't think that there are any pending modifications on common law in the pipeline so far.

Again, I suggest that you contact an experienced family law attorney in your county & meet with the attorney and get some good advice about how to proceed. You will have peace of mind & you will have some good advice on how to co-parent with you ex.

I know many men that get custody. They do it by retaining the services of a good family law attorney & preparing a strong case & listening to their attorney! Many times it takes years but it can be done -- especially when the child reaches puberty. If a child is not doing well in school - then your chances of gaining primary custody rises -- be active in the child's school!

Good luck!