Q: I have a child support/custody case through Denton County, TX. The custodial parent hasnt been allowing me to see my son
I have a non disclosure due to violence - Denton County stated they couldn't do anything besides allowing him custody since he filed first even after i showed proof of violence. After 3 yrs of separation, he states since he doesn't see us as married we aren't (but argued about signing papers) I am low income, paying for divorce is hard and paying for a lawyer to fix this is way more than i am able to do, i just need some advice on what to do. Tarrant County and Denton keep going back and forth on who can help me fix it.
A:
A lawyer with experience in family law is who can help you fix it. As with anything else, such a lawyer will expect to be paid for his/her services at the usual and customary rate for the time it takes to fix it. Just like a plumber is going to want to be paid to help you fix your plumbing or an automobile mechanic is going to want to be paid to help you fix your car.
You state "he states since he doesn't see us as married we aren't" which suggests you maybe believe you are married. Without a valid marriage certificate (which would be dispositive), you would have to assert a common law marriage within two years of the date that you last lived together. Otherwise, your claim of common law marriage is barred by the statute of limitations.
That doesn't mean you cannot file suit to enforce the possession rights granted to you in your custody order that he is denying you. You might even be able to recoup attorney fees. But you will have to prove that you showed up where and when you were supposed to show up at the beginning of the period of possession awarded to you in the order.
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