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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

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Q: Who would be the custodial parent in a common law marriage separation?
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Related questions

Can one parent become the legal custodial parent without a separation or divorce?

Only by a court order.


Does a non custodial parent have to pay if the custodial parent gets married NM?

The CP's marriage should not affect the NCP's child support obligation.


Can a parent stop a marriage in Texas?

If the child is a minor (under 18yrs.), yes, the marriage can be stopped by a parent. The child can not marry without the consent of a parent/legal guardian or custodial parent.


Does the non custodial parent have to talk to the child everyday?

Not unless the separation agreement says so, and it would be an unusual inclusion.


If a minor child living with a custodial parent gets into a wreck and the custodial parent canceled the minor from the policy can the non custodial parent be liable?

No. The parent with custodial rights is totally liable especially since the child was living with you while it happened.AnswerThat depends on several factors such as why the coverage was canceled, when it was canceled, who allowed the child to drive the car, whether the issue is addressed in the separation agreement, etc. If the custodial parent canceled insurance coverage for a reason and the non-custodial parent allowed the child to drive in spite of the cancellation, the non-custodial parent may be liable. If the child wrecked a car and as a result the custodial parent canceled the insurance coverage so they could no longer drive, the non-custodial parent would be liable if they continue to allow the child to operate a vehicle.


What is customary for paying for vehicles by non-custodial parents aside from paying normal child support?

The obligations of the non-custodial parent are set forth in the separation agreement and child support order. There are no rules regarding expenditures outside those parameters. For all other needs of the child the non-custodial parent should willingly and graciously help their child in any way they can afford.The obligations of the non-custodial parent are set forth in the separation agreement and child support order. There are no rules regarding expenditures outside those parameters. For all other needs of the child the non-custodial parent should willingly and graciously help their child in any way they can afford.The obligations of the non-custodial parent are set forth in the separation agreement and child support order. There are no rules regarding expenditures outside those parameters. For all other needs of the child the non-custodial parent should willingly and graciously help their child in any way they can afford.The obligations of the non-custodial parent are set forth in the separation agreement and child support order. There are no rules regarding expenditures outside those parameters. For all other needs of the child the non-custodial parent should willingly and graciously help their child in any way they can afford.


Can a father let his child stay with him and not bring home to primary custodial parent?

If the child is young enough to be subject to custodians, the only way a child can stay with a noncustodial parent beyond the requirements of the divorce or separation agreement is with the approval of the custodial patent.


Can a temporary custodial parent sign a marriage license?

No. If the primary custodial parent has not been granted sole and complete custody of a minor child permission for the minor to marry must be given by both parents or by order of the court.


Is custodial parent liable for for child who won't listen to custodial parent and runs to noncustodial parent?

for what?


Is non custodial parent legally bound to tell custodial parent where the child is?

Yes! Why would you want to keep that from the "custodial parent" anyway?


Custodial parent denies Noncustodial parent visitation rights in Mississippi?

Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.


Can a non-custodial parent find out how much the custodial parent was reimbursed by insurance carried by the custodial parent?

Only from your insurance. What are your concerns? See my profile.