What would I need to do to give my partner rights also as a parent under common law marriage? Their biological parent lost parental rights. Does he have any rights, if he's been the primary caregiver over the past year, besides myself.
2006-08-09 10:06:07 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If you're the custodial parent and you want your partner/common-law spouse to have legal rights to the children, I think you have to file paperwork with a lawyer in adoption court or grant some sort of power of attorney/guardianship for the person since they are not biologically related to the children and you are not legally married to one another.
2006-08-09 10:11:26 · answer #1 · answered by Molly M 3 · 0⤊ 0⤋
why do want to give him custodial or legal guardianship if you two are not married? you only have a year together what happens when both of you go your own ways. if you are not prepared to get married don't do it. If the father lost his parental rights those were for making decisions as to what school he would go to and medical. But he is still obligated to pay child support. make him pay that's his job. if your common law husband gets hurt state disability will not help your children. plus you have to be together for 3 or 7 years for it to be considered common law marriage. but you can sign a paper with a notary public. for guardianship for as long you to are together
2006-08-09 17:50:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, first of all one year doesn't make for a common law marriage, that isn't even much of a relationship in the grand scheme of things a year is nothing. What do you need it for? I think you should be real careful and be with that person a WHOLE LOT longer than a year before you start handing out legal rights to your kids! I mean really do you want to end up in a custody battle 5 years from now with someone who isn't even a biological parent. I had the only legal rights to my son and believe me I was grateful for that twice in my life, fought over his brother for years, the ex liked to steal him and take off which terrified my son but he couldn't be touch the other one. Then I was married to a guy that was GREAT with them for 10 years, we considered having him legally adopt my son several times he worked his butt off, was a great guy then goes out with a cousin ONE night and all the sudden he decides cocaine is his friend!! Sorry but one year isn't enough time to even be able to predict a long term future, its still infatuation stage stuff.
2006-08-09 17:17:41 · answer #3 · answered by dappersmom 6 · 0⤊ 0⤋
depends on the state, but I would guess that you would have to go through the adoption process. Thats what I am doing with my step daughter right now.
Your best bet would be to seek the advice of a family law lawyer in your state. Rules and Laws regarding family law (which this would fall under) are diffrent in every state.
hope this helps
2006-08-09 17:11:45 · answer #4 · answered by Jon P 3 · 0⤊ 0⤋
Depending upon the state, the same issues that apply for kids whether there's a marriage certificate or not. They are still to be cared for by both parents even if separated. You need to call your local courthouse to inquire about your situation to get the correct answer.
2006-08-09 17:14:46 · answer #5 · answered by msthinkpositive 5 · 0⤊ 0⤋
For it to be legal, you have to go through the legal process (meaning the court system). Call your local legal aide society. They can give you good advice and offer their services.
2006-08-09 17:13:03 · answer #6 · answered by Robere 5 · 0⤊ 0⤋
You would need to petition the courts for guardianship rights. They are not automatic.
2006-08-09 17:09:44 · answer #7 · answered by middle aged and love it 3 · 0⤊ 0⤋
Why don't you just get married like normal people do. You'll be glad to know your children will regard marriage with the same enthusiasm you do.
2006-08-09 17:10:32 · answer #8 · answered by Pancakes 7 · 0⤊ 0⤋