C
concernedperson
Guest
Is the marriage between first cousins legal in the states of Florida and Georgia?
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concernedperson said:Does first cousins are considered a lineal consanguinity relationship?
**A: I am concerned.
Since it is legal for first cousins to marry both in Georgia and in Florida (Texas too for that matter) it has no bearing on anything. An affairs goes to the husband/wife relationship not to the parent/child relationship. People on a regular basis want to use an affair as a basis to prove the parent unfit. A person may be unfaithful spouse and nevertheless be a good parent. Like I said, sexual relationships go to the husband/wife relationship not the parent/child relationship unless the sexual intercourse occurs in the presence of the child. Since you two never married but lived together, your relationship is not husband and wife-- unless you happened to live in one of the few states which still recognizes common law marriage and your relationship fits within the statutory definition for an informal marriage. Your moral outrage is likely to have little to no impact in a custody decision.concernedperson said:My question is: Does the nature of the affair would have some weight in the pursuit of custody? I have told her that if she had anything to do with that guy I would fight for the full custody.
Thanks.
It doesn 't for our purposes. A state which does not recognize informal unions will not recognize the informal union of another state as they do a formal marriage from another state. Like I said, even if there were a marriage so that her affair with the cousin would be adultry, adultry goes to the husband/wife relationship not to the parent/child relationship. A spouse or domestic partner may be an unfaithful spouse (or partner ) and, nevertheless, be a good parent.concernedperson said:We lived in Puerto Rico for 5 years, where I believed there is commom law marriage. My first child was born there, if that make any difference.
Boxcarbill said:
"A state which does not recognize informal unions will not recognize the informal union of another state as they do a formal marriage from another state."
My response:
You had me interested and intrigued with your answers and "style" until I almost choked on your above statement - - to which I respond, "What are you talking about?"
Are you joking, or what? Ever heard of the legal doctrine of "comity"?
As you may know, California is NOT a "common law" marriage State. However, a "common law marriage" (marriage predicated solely on consent and cohabitation without license and solemnization) entered into in a jurisdiction that validates same will be recognized for all purposes in California. [Tatum v. Tatum (9th Cir. 1957) 241 F.2d 401, 407; Colbert v. Colbert (1946) 28 Cal.2d 276, 280, 169 P.2d 633, 635]
It's time for you to take the Bar examination again or, to at least take a marital law seminar.
IAAL
I did not know Puerto Rico was a state...cbg said:It took me about ten seconds on the Internet to discover that all states are required to recognize a common law marriage IF it was created in a state where they are legal. So if you are correct that Puerto Rico has common law marriages, then Florida will recognize it.
BTW, Georgia will accept as legal, a common law marriage that was created in Georgia before 1/97.