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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My daughter and a man have lived together as husband and wife

Customer Question

My daughter and a man have lived together as husband and wife thru common law marriage in Texas for the past 6 years. They have had 2 kids together, filed taxes married filing joint, lived together in the same home. They recently split up. Last month the husband showed up at the house kicked in the door and took the kids. 2 weeks later they appear in court and he has a lawyer and she does not. She also does not have a job as he demanded that she not work as he wanted her home as a house wife. In the hearing the husband and his mother with their lawyer claimed that the 2 were never married, he didn't live there for the past 3 years and that she is occupying the home illegally. My daughter brought with here supporting documentation backing up the claim of marriage. The judge refused to hear her and refused her request for request for legal aid as this was not a criminal case. Her kids have been taken away, she has no job, but really working hard to find one in San Antonio area and the judge restricted her to live within 50 miles of the county. She was completely disallowed by the judge and the other sides lawyer to present anything to the court that supported anything she claims. The judge also gave her 2 weeks to vacate the house and she has custody of her 1st child of another husband. She does not yet have any written orders from the court and since she has no job yet is fixing to be homeless via court order.
Submitted: 2 years ago.
Category: Family Law
Expert:  originallawyer replied 2 years ago.
She needs to file a countersuit for divorce and child custody. If she files for divorce, then the burden is on him to prove that he is not married to her. If she has the supporting documentation, a Judge has to let her present it. If the Judge does not and an order is finalized, she can appeal it, basing her appeal on the Judge not letting her present relevant evidence to the case.
It's going to be difficult to find an attorney to work pro bono. She might try to get an attorney who will work for her on a payment plan or have that attorney request that he pays spousal support and her attorney's fees.
If there are no written orders yet, she's got time to find someone who will work with her. I'm not sure what her status with legal aid was, but she can continue to follow through with them if she wants or keep looking for an attorney who will work with her financial situation.
Customer: replied 2 years ago.
Thank you very much I will pass this onto my daughter
Expert:  originallawyer replied 2 years ago.
You are welcome. I wish her all the best.