Legal Question in Family Law in Texas
my rights in a common law marriage.
do i need a divorce if both partys agreed to terminate the realtionship.there is a child involved she has my last name and is living with me not the mother.
1 Answer from Attorneys
Re: my rights in a common law marriage.
Just having your last name is not enough to establish paternity. Also, it is great if you are listed on the birth certificate, but that does not give you visitation rights if the mother decides to take the child and hide the child from you.
You need to make sure you have establish paternity and that she will continue to live with you. You need an order signed by a Judge.
If you just separate, either party has up to 2 years to file for a divorce.
Sometimes it is safer to just file a divorce to make sure there are no problems in the future.
Good luck!
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