GF's custody agreement Q?

[mthjp]

What is the name of your state (only U.S. law)? Tx

Rundown...

My Girlfriend has a son from a previous relationship. He lives 3 weeks out of the month with his father in cali. My gf gets him 1 week a month and 2 months straight in the summer. This is the arrangement until he starts school. (The cost of airline tickets is insane btw) In the agreement it says she and her son cannot stay overnight with known boyfriend unless we were to get married.

Now Im confused on the whole thing. My GF lives with me 3 weeks out of the month. The week she has him she stays with her mom. Shes allowed to leave him here to sleep in my house but without her.

My question is is there a way around this? Does common law marriage stand in this case?

 

[Proserpina]

What is the name of your state (only U.S. law)? Tx

Rundown...

My Girlfriend has a son from a previous relationship. He lives 3 weeks out of the month with his father in cali. My gf gets him 1 week a month and 2 months straight in the summer. This is the arrangement until he starts school. (The cost of airline tickets is insane btw) In the agreement it says she and her son cannot stay overnight with known boyfriend unless we were to get married.

Now Im confused on the whole thing. My GF lives with me 3 weeks out of the month. The week she has him she stays with her mom. Shes allowed to leave him here to sleep in my house but without her.

My question is is there a way around this? Does common law marriage stand in this case?

Do you file taxes together? Present yourselves as Mr & Mrs in public? Use the same last name? Refer to each other as husband and wife? (Well - apparently "no" is the answer to that last bit).

You're either common-law married ... or you're not.

You can't claim common-law for one week a month.

 

[mthjp]

No we didnt file taxes together.

So common law does stand in this case? Other than that is there any other way? Could I say she rents a room in my house?

 

[Proserpina]

No we didnt file taxes together.

So common law does stand in this case? Other than that is there any other way? Could I say she rents a room in my house?

Common law doesn't apply if you're not presenting yourselves as a married couple.

Dude, come on. Don't be asking us to present you with loopholes. If Mom wants the court order to be revised, she'll have to take it back to court.

 

[mthjp]

Im simply asking if it would work. To take it back to court is very exspensive.

 

[Proserpina]

Im simply asking if it would work. To take it back to court is very exspensive.

(You have quite the post hx!)

Mom's choices:

Get married or go back to court.

You are NOT common-law married. Endastory.

 

[mthjp]

Quite the post? This is a forum for asking legal questions is is not?

 

[Proserpina]

Quite the post? This is a forum for asking legal questions is is not?

...was there another question?

Would your girlfriend perhaps want to take the time to ask her own legal questions?



The question has been answered; she has a choice:

1. Get married.
2. Go back to court.

 

[ecmst12]

OR she can continue as things are going now, staying at her mom's when kiddo is there.

 

[Banned_Princess]

common law marrages went out in the 90's. unless you were common law married before 1995, then you will never be.


oops, texas has this to say about clm-

Texas: A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.

http://www.unmarried.org/common-law-marriage-fact-sheet.html



the key here is to cohabitate, which you are not doing 100% of the time. The court order (suspectedly) does not mean common law, it means married.

 

[ecmst12]

Oh, and there is no legal difference between common law and formal marriage, so if you WERE to declare yourselves to be common-law married, you'd still have to get divorced when you break up.

 

[Banned_Princess]

Oh, and there is no legal difference between common law and formal marriage, so if you WERE to declare yourselves to be common-law married, you'd still have to get divorced when you break up.

Thanks for clearing that up.

 

[stealth2]

Interesting. About three years ago, you didn't want to return your sons to your stbx because she had a b/f. But it's okay for your g/f's kid to be in a shack-up situation with you? Can we spell "hypocrite"?