commonlaw in texas child custody

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girth

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:confused: My "commonlaw" wife threw me out of the house in early october 2007. I did not commit adultery or anything. WE have a three year old son that we both take care of. She is a cocktail waitress and works until the bar closes at 2:00am occasionally, but not every night. On the nights that she works I watch our son. On many occasions she doesn't even come to get him until 4:30am or later, and the other night I had to call her around 4:45am...she was drunk and begged me drop him off at 7:30 am on my way to work. At 7:30 I arrived with my son and had to beat the door down for 15 minutes to get her to open it. She was still drunk and had her boyfriend waiting for her in the bedroom with me dropping off our son. She used to roll in drunk with the sun coming up a lot before she threw me out and I suspect has been fooling around the whole time we were together. She has had the police over many times over the last few years dealing with domestic situations involving her(usually after drinking), her daughter from 1st marriage, son from 1st marriage, and myself. Is it immoral for her to parade her boyfriends in front of our three year old son? I think we are commonlaw married...so does this constitute adultery. She takes care of our son quite well so far, but I'm worried about the future when he starts school because of the hours she keeps and her drinking, sexual behavior. Do I have a case for custody?
 
I dont think Texas recognizes common law but if you are the legal father of the child, you certainly have rights to custody.

By the way she cannot throw you out. I would move right back in if she has her boyfriend there, and kick him out. If paternity is established, you have every right to the child. You should see an attorney and file for custody ASAP.
 
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