Who would be the custodial parent in a common law marriage separation

Provided the marriage has met the legal requirements of the state to be considered Common Law, there would be a presumption of joint custody. However, simply living together for some period of time does not not meet those requirements, In those few states that still recognize it, each states have minimum standards that must be met. If those standards are not met, a common law marriage does not exist and the mother than has Sole Custody and Control. The father would have no assumed rights. see link below

Leave a Reply

Your email address will not be published. Required fields are marked *