Once a common law marriage is recognized, Texas law regards the couple as legally as any formally married pair. Consequently, if a couple in a common law marriage chooses to divorce or part ways, child custody arrangements are handled similarly to traditional divorce proceedings.
If your common law marriage concludes, it is essential to establish a legally enforceable child custody agreement to safeguard both you and your child. Here is how common law divorce can impact child custody.
No Distinction in Legal Rights
Some individuals mistakenly think that dissolving a common law marriage Texas is simpler since it lacks an official marriage license to present as evidence in court. However, this is incorrect. According to Texas law, the distinction between common law and ceremonial marriages is minimal.
Consequently, when a couple wishes to dissolve a common law marriage, the court handles it similarly to a divorce from a ceremonial marriage. This means that matters like child custody are addressed, like in a ceremonial marriage or divorce.
The Child’s Best Interests
Courts prioritize the child’s best interests in custody and support cases. If a parent can demonstrate their ability to offer a stable and healthy environment, they are often granted primary custody. The other parent typically maintains rights to partial custody or visitation, unless they risk the child’s well-being.
Who Holds Parental Rights?
In most child custody cases, when both parents have cohabited as a married couple and jointly raised the child, they are awarded equal parenting rights. In Texas, courts generally favor shared custody arrangements, striving to involve both parents for the child’s benefit whenever feasible.
The court evaluates several factors, including financial stability, emotional support, and the primary caretaker among others, to determine how custody should be divided. Special considerations are made for children with unique physical or mental needs to identify the parent best suited to meet those needs.
Sometimes, one parent is awarded sole custody if the other is found unfit. The child’s best interest remains the court’s top priority. While the court takes each parent’s preferences into account. A parent may be deemed unsuitable due to factors like a history of domestic violence, or financial instability. In these cases, the other parent will likely receive sole custody. The unfit parent receives visitation rights during weekends, school breaks, and holidays.
Child Custody Agreement
To protect your parental rights and focus on your child’s welfare, take the custody matter to court to create a formal agreement. A child custody attorney in Texas can be extremely helpful in this process.
A skilled lawyer can assist you in negotiating a beneficial custody arrangement. This ensures you spend the necessary time with your child while prioritizing their best interests. A legally binding custody agreement provides security if your ex-spouse violates its conditions or endangers your child’s well-being.
Child custody arrangements encompass legal and physical custody. Your common-law marriage status does not influence these decisions. Legal custody involves how you and your former partner will make key parenting decisions, such as:
- Your children’s education and daycare
- Their healthcare
- Their religious upbringing
- Their participation in extracurricular activities
Endnote
While common law marriage is less prevalent than it once was, fortunately, its infrequency has minimal impact on the divorce process. Most process aspects remain unchanged, including child custody and the considerations involved.
