Common Law Marriage and Child Custody in Texas

Protect Your Parental Rights After a Divorce

If a common law marriage has been established, Texas law will treat the couple, legally, just as any other married couple. Because of this, when a couple married through common law decides to divorce or separate, child custody is negotiated in much the same way as in any other divorce case.

Should your common law marriage end, you need to create a legally binding child custody to protect yourself and your child. I, Attorney Juliann Karenko, can help you and your family establish a custody agreement and deal with any residual legal issues associated with your common law marriage.

Failing to establish a formal custody arrangement with your child’s other parent can result in difficulties over time, affecting both you and your child. It is in your best interest, and theirs, to establish a lawful agreement.

Without a legally binding contract to designate legal obligations, your ex-spouse may try to prevent you from seeing your children, or rearrange the agreement without your consent. A custody arrangement will help to protect your parental rights and will create a more stable schedule for your child.

Who Has Parental Rights?

As with most child custody cases, if both parents were living together as a married couple and raised the child together, they will have equal parenting rights. In Texas, the courts tend to favor awarding shared custody and will do so whenever possible so that the child can benefit from the presence of both parents.

The court will consider other factors, such as financial stability, emotional support, and connection to the child, who is the child’s primary caretaker, as well as other aspects, when determining how custody will be shared. If the child has special physical or mental needs, the court will also factor in who would be best equipped to meet the child’s requirements.

Although the court will listen to the wishes of each parent, either could be deemed unfit if there is a record of domestic violence, incapable financial status, or other issues that may prevent a person from being a suitable parent. In these situations, the other parent will likely be awarded sole custody. The other parent would then be granted partial custody or visitation rights on weekends, school breaks, and holidays.

As with most family law cases, there are always unique cases, and no two situations are ever completely alike. If you had a common law marriage and are now struggling to negotiate child custody arrangements with your ex-spouse, contact a family law attorney, immediately.