I have been living with my older brother for over five years now. We are in our mid 30's. The reason I ask this question is that six years ago he had impregnated a woman he worked with. They are both doctors but she didn't want to be bound by motherhood and career just yet. She and my brother agreed to have the baby and my brother would raise their child. My brother asked her why she didn't want to be a mother and she said she had intentions of moving to another state to make better money. At the time I was unemployed and didn't have any prospects in sight so he asked me to help him raise the baby and he would help me financially.
My brother has added us to his health and life insurance policies and has requested to change the name on the birth certificate to mine as the mother. We do not have the same last name due to the fact our mother married our father after my brother was born and my mother gave him her maiden last name. Are we considered as common law man and wife?
2006-09-03 12:16:53 · 7 answers · asked by victoria w 2 in Family & Relationships ➔ Marriage & Divorce
We keep up the image that we are a couple and we don't bring in outsiders in order not to confuse our daughter. We are not into incest but we kiss and act like a couple in order to look like your average parents.
2006-09-03 12:21:28 · update #1
The mother signed over all legal rights to the child just after child birth. We cheek kiss and hug that is all honestly. How is it fraud if you have a cardholder (my brother), significant other (myself), and child? Shouldn't gay couples be considered as de-frauding the companies as well for listing domestic partners? People also claim their pets as well. I know i used to be a secretary at an insurance company.
2006-09-04 12:19:16 · update #2
UMMMMMM HELLO UR SIBLINGS.. THEY WOULDNT RECOGNIZE THE MARRIAGE AT ALL .. EWWWW SORRY YOUR THE AUNT AND HE CAN GIVE YOU POWER OF ATTORNEY AS FAR AS THINGS CONCERNING THE CHILD, BUT U SHOULD NOT BE PUT DOWN AS MOTHER, UR THE CHILDS AUNT, UGHHHHHHH ARE U FROM THE SOUTH????? LOL
2006-09-03 12:22:02 · answer #1 · answered by brwneyedgrl 7 · 0⤊ 0⤋
Since you and your brother have the same mother and father, you cannot be common law man and wife.
As for putting your name on the child's birth certificate as "mother", I do not think this is possible as well. When the biological mother gave birth, the hospital automatically put her name on the birth certificate as "mother" and put your brother's name as "father". You cannot change the parents on a birth certificate.
Your brother might want to petition to name you as the guardian to your niece/nephew in the event anything happens to him, but (and I do not know because I do not know the laws of your state and whether the biological mother legally gave up parental rights to your brother) that may not be possible based on whether the biological mother would want custody of the child in the event anything happened to your brother.
The best thing would be for your brother to seek the counsel of lawyer and see what his options are legally.
Addendum: Reading your additional comments is even more disturbing. While I can appreciate wanting to raise a child in as "traditional" manner (if there is such) as possible, acting as though you and your brother are man and wife is disturbing. Have you told the child that the two of you are man and wife and her parents? Don't you think the truth may come out? Don't you think that it is possible for the biological mother to come into the picture in the future? Please do not risk the child's emotional stability by enveloping her in a world that does not exist.
2006-09-03 12:29:00 · answer #2 · answered by LewAR26502 4 · 0⤊ 0⤋
what a web we weave when we pratice to decieve..... i understand what your doing as far as deceiving the insurance company although the legal side of getting cuaght is repaying the company thousands of dollars if they find out and im sre they wont. but your child will eventually know you two are brother and sister and its best that it knows all along then to find out that his mother and father are actually siblings and has been used as part of an elaborate hoax to defruad a company...... this goes against every thing you will ever want your child to grow up to be. do what is right should be a motto you teach this child but instead you will be sending a message do what ever it takes to screw someone over im guessing your not even going to get this far in this response as it isnt a feel good answer or a letter condoning this action but right now i have very little respect for the two of you and what your going to put this child through. i assuming you think you have all your bases coverd that every one that knows the truth will keep their mouth shut but i garuntee you not every one and the truth will come out at somtime by some idiot friend or family member who thinks they know better and think this child should know the truth... this child is still young and the truth can be handled now alot easier by mom turning into aunt soso. you guys are being greddy and nothing will come of good out of this in the future other then maybe some insurance money/
2006-09-03 12:33:36 · answer #3 · answered by joe 4 · 0⤊ 0⤋
I would say that they would change the name on the birth certificate if U wanted them 2...it wouldn't b a common law marriage because U r related.... it would b co-parenting.... U might want 2 consider the ramifications & confusion U could create by not being honest about the relationship & who the childs bio-mom is... I would ask her 2 sign her rights off or get child suport from her... then it is on U...
2006-09-03 12:45:48 · answer #4 · answered by katwaxr 2 · 0⤊ 0⤋
properly, as quickly as I have been given married for genuine, I had to circulate to the Social risk-free practices place of work for genuine with a genuine marriage license. incredibly, I introduced the incorrect reproduction the 1st time and, annoyingly, I had to circulate decrease back in the previous they might substitute my social risk-free practices card. Then I had to circulate, for genuine, to the DMV and repeat . So in case you think of you are able to merely initiate signing yet another call because you lived with a guy who has that call for a jointly as, all I could say is, good success with that. Why do no longer you merely get married? What you're doing isn't the comparable, and admittedly, he's no longer your "hubby." he's a guy you reside with, who for despite reason, i'm guessing won't marry you. It expenditures under $a hundred and all you like is a drivers license. when you do it, you're entitled to all the privileges and prerogatives of marriage.
2016-09-30 07:44:33 · answer #5 · answered by vishvanath 4 · 0⤊ 0⤋
Most states don't recognize common law marriage, I think only something like 13 states do. Find out what the law is in your particular state.
2006-09-03 12:19:56 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No. You are siblings by blood, and therefore are ineligible to be married to each other, "common law" or otherwise.
2006-09-03 14:29:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋