Efron & Efron PLLC

A valid common law marriage in Texas is where a couple legally is married without getting a marriage license or having a marriage ceremony. Once established, a common law marriage has the same legal effect as a ceremonial marriage. Under Texas Law, to have a common law marriage, you must do three things: Agree to be married Live together as a couple Tell others ("hold yourselves out") that you are married In What Ways Do People “Hold Themselves Out” as Married? Simply put, by telling others that they are married. Examples of telling other people you are married include: Introducing yourselves as a married couple Doing something that made people think you were married, like signing credit applications as a married couple or purchasing real property as “Husband and Wife.” Even if you said that you were married only one time, you can meet this requirement. Ending a Common Law Marriage Common law marriages in Texas have the same legal status as a ceremonial marriage. Why is this important? Because if the common law marriage doesn’t work out, you’ll have to get a FORMAL DIVORCE to end it. Applicable Texas Family Code Section Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; or (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402 . (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.

Sec. 162.001. WHO MAY ADOPT AND BE ADOPTED. (a) Subject to the requirements for standing to sue in Chapter 102 , an adult may petition to adopt a child who may be adopted. (b) A child residing in this state may be adopted if: (1) the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption; (2) the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption; (3) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child's former stepparent, and the non-terminated parent consents to the adoption; or (4) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption. (c) If an affidavit of relinquishment of parental rights contains a consent for the Department of Family and Protective Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings. Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An original suit may be filed at any time by: (1) a parent of the child; (2) the child through a representative authorized by the court; (3) a custodian or person having the right of visitation with or access to the child appointed by an order of a court of another state or country; (4) a guardian of the person or of the estate of the child; (5) a governmental entity; (6) the Department of Family and Protective Services; (7) a licensed child placing agency; (8) a man alleging himself to be the father of a child filing in accordance with Chapter 160 , subject to the limitations of that chapter, but not otherwise; (9) a person, other than a foster parent, who has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date of the filing of the petition; (10) a person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under Chapter 161 or to whom consent to adoption has been given in writing under Chapter 162 ; (14) a person who has been named as a prospective adoptive parent of a child by a pregnant woman or the parent of the child, in a verified written statement to confer standing executed under Section 102.0035 , regardless of whether the child has been born; Sec. 102.0035. STATEMENT TO CONFER STANDING. (a) A pregnant woman or a parent of a child may execute a statement to confer standing to a prospective adoptive parent as provided by this section to assert standing under Section 102.003 (a)(14). A statement to confer standing under this section may not be executed in a suit brought by a governmental entity under Chapter 262 or 263 . (b) A statement to confer standing must contain: (1) the signature, name, age, and address of the person named as a prospective adoptive parent; (2) the signature, name, age, and address of the pregnant woman or of the parent of the child who is consenting to the filing of a petition for adoption or to terminate the parent-child relationship as described by Subsection (a); (3) the birth date of the child or the anticipated birth date if the child has not been born; and (4) the name of the county in which the suit will be filed. (c) The statement to confer standing must be attached to the petition in a suit affecting the parent-child relationship. The statement may not be used for any purpose other than to confer standing in a proceeding for adoption or to terminate the parent-child relationship. (d) A statement to confer standing may be signed at any time during the pregnancy of the mother of the unborn child whose parental rights are to be terminated. (e) A statement to confer standing is not required in a suit brought by a person who has standing to file a suit affecting the parent-child relationship under Sections 102.003 (a)(1)-(13) or any other law under which the person has standing to file a suit. (f) A person who executes a statement to confer standing may revoke the statement at any time before the person executes an affidavit for voluntary relinquishment of parental rights. The revocation of the statement must be in writing and must be sent by certified mail, return receipt requested, to the prospective adoptive parent. (g) On filing with the court proof of the delivery of the revocation of a statement to confer standing under Subsection (f), the court shall dismiss any suit affecting the parent-child relationship filed by the prospective adoptive parent named in the statement. Sec. 102.005. STANDING TO REQUEST TERMINATION AND ADOPTION. An original suit requesting only an adoption or for termination of the parent-child relationship joined with a petition for adoption may be filed by: (1) a stepparent of the child; (2) an adult who, as the result of a placement for adoption, has had actual possession and control of the child at any time during the 30-day period preceding the filing of the petition; (3) an adult who has had actual possession and control of the child for not less than two months during the three-month period preceding the filing of the petition; (4) an adult who has adopted, or is the foster parent of and has petitioned to adopt, a sibling of the child; or (5) another adult whom the court determines to have had substantial past contact with the child sufficient to warrant standing to do so. Sec. 102.006. LIMITATIONS ON STANDING. (a) Except as provided by Subsections (b) and (c), if the parent-child relationship between the child and every living parent of the child has been terminated, an original suit may not be filed by: (1) a former parent whose parent-child relationship with the child has been terminated by court order; (2) the father of the child; or (3) a family member or relative by blood, adoption, or marriage of either a former parent whose parent-child relationship has been terminated or of the father of the child. (b) The limitations on filing suit imposed by this section do not apply to a person who: (1) has a continuing right to possession of or access to the child under an existing court order; or (2) has the consent of the child's managing conservator, guardian, or legal custodian to bring the suit. (c) The limitations on filing suit imposed by this section do not apply to an adult sibling of the child, a grandparent of the child, an aunt who is a sister of a parent of the child, or an uncle who is a brother of a parent of the child if the adult sibling, grandparent, aunt, or uncle files an original suit or a suit for modification requesting managing conservatorship of the child not later than the 90th day after the date the parent-child relationship between the child and the parent is terminated in a suit filed by the Department of Family and Protective Services requesting the termination of the parent-child relationship. Sec. 102.008. CONTENTS OF PETITION. (a) The petition and all other documents in a proceeding filed under this title, except a suit for adoption of an adult, shall be entitled "In the interest of __________, a child." In a suit in which adoption of a child is requested, the style shall be "In the interest of a child." Text of subsection effective until January 01, 2021 (b) The petition must include: (1) a statement that: (A) the court in which the petition is filed has continuing, exclusive jurisdiction or that no court has continuing jurisdiction of the suit; or (B) in a suit in which adoption of a child is requested, the court in which the petition is filed has jurisdiction of the suit under Section 103.001 (b); (2) the name and date of birth of the child, except that if adoption of a child is requested, the name of the child may be omitted; (3) the full name of the petitioner and the petitioner's relationship to the child or the fact that no relationship exists; (4) the names of the parents, except in a suit in which adoption is requested; (5) the name of the managing conservator, if any, or the child's custodian, if any, appointed by order of a court of another state or country; (6) the names of the guardians of the person and estate of the child, if any; (7) the names of possessory conservators or other persons, if any, having possession of or access to the child under an order of the court; (8) the name of an alleged father of the child or a statement that the identity of the father of the child is unknown; (9) a full description and statement of value of all property owned or possessed by the child; (10) a statement describing what action the court is requested to take concerning the child and the statutory grounds on which the request is made; (11) a statement as to whether, in regard to a party to the suit or a child of a party to the suit: (A) there is in effect: (i) a protective order under Title 4; (ii) a protective order under Chapter 7A , Code of Criminal Procedure; or (iii) an order for emergency protection under Article 17.292 , Code of Criminal Procedure; or (B) an application for an order described by Paragraph (A) is pending; and (12) any other information required by this title. AFFIDAVIT OF RELINQUISHMENT INFORMATION/STATUTE Sec. 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of parental rights must be: (1) signed after the birth of the child, but not before 48 hours after the birth of the child, by the parent, whether or not a minor, whose parental rights are to be relinquished; (2) witnessed by two credible persons; and (3) verified before a person authorized to take oaths. (b) The affidavit must contain: (1) the name, county of residence, and age of the parent whose parental rights are being relinquished; (2) the name, age, and birth date of the child; (3) the names and addresses of the guardians of the person and estate of the child, if any; (4) a statement that the affiant is or is not presently obligated by court order to make payments for the support of the child; (5) a full description and statement of value of all property owned or possessed by the child; (6) an allegation that termination of the parent-child relationship is in the best interest of the child; (7) one of the following, as applicable: (A) the name and county of residence of the other parent; (B) a statement that the parental rights of the other parent have been terminated by death or court order; or (C) a statement that the child has no presumed father; (8) a statement that the parent has been informed of parental rights and duties; (9) a statement that the relinquishment is revocable, that the relinquishment is irrevocable, or that the relinquishment is irrevocable for a stated period of time; (10) if the relinquishment is revocable, a statement in boldfaced type concerning the right of the parent signing the affidavit to revoke the relinquishment only if the revocation is made before the 11th day after the date the affidavit is executed; (11) if the relinquishment is revocable, the name and address of a person to whom the revocation is to be delivered; and (12) the designation of a prospective adoptive parent, the Department of Family and Protective Services, if the department has consented in writing to the designation, or a licensed child-placing agency to serve as managing conservator of the child and the address of the person or agency. (c) The affidavit may contain: (1) a waiver of process in a suit to terminate the parent-child relationship filed under this chapter or in a suit to terminate joined with a petition for adoption; and (2) a consent to the placement of the child for adoption by the Department of Family and Protective Services or by a licensed child-placing agency. (d) A copy of the affidavit shall be provided to the parent at the time the parent signs the affidavit. (e) The relinquishment in an affidavit that designates the Department of Family and Protective Services or a licensed child-placing agency to serve as the managing conservator is irrevocable. A relinquishment in any other affidavit of relinquishment is revocable unless it expressly provides that it is irrevocable for a stated period of time not to exceed 60 days after the date of its execution. (f) A relinquishment in an affidavit of relinquishment of parental rights that fails to state that the relinquishment is irrevocable for a stated time is revocable as provided by Section 161.1035. (g) To revoke a relinquishment under Subsection (e) the parent must sign a statement witnessed by two credible persons and verified before a person authorized to take oaths. A copy of the revocation shall be delivered to the person designated in the affidavit. If a parent attempting to revoke a relinquishment under this subsection has knowledge that a suit for termination of the parent-child relationship has been filed based on the parent's affidavit of relinquishment of parental rights, the parent shall file a copy of the revocation with the clerk of the court. (h) The affidavit may not contain terms for limited post-termination contact between the child and the parent whose parental rights are to be relinquished as a condition of the relinquishment of parental rights. Sec. 161.1031. MEDICAL HISTORY REPORT. (a) A parent who signs an affidavit of voluntary relinquishment of parental rights under Section 161.103 regarding a biological child must also prepare a medical history report that addresses the medical history of the parent and the parent's ancestors. (b) The Department of Family and Protective Services, in cooperation with the Department of State Health Services, shall adopt a form that a parent may use to comply with this section. The form must be designed to permit a parent to identify any medical condition of the parent or the parent's ancestors that could indicate a predisposition for the child to develop the condition. (c) The medical history report shall be used in preparing the health, social, educational, and genetic history report required by Section 162.005 and shall be made available to persons granted access under Section 162.006 in the manner provided by that section. Sec. 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An affidavit of relinquishment of parental rights that fails to state that the relinquishment or waiver is irrevocable for a stated time is: (1) revocable only if the revocation is made before the 11th day after the date the affidavit is executed; and (2) irrevocable on or after the 11th day after the date the affidavit is executed. Sec. 161.104. RIGHTS OF DESIGNATED MANAGING CONSERVATOR PENDING COURT APPOINTMENT. A person, licensed child-placing agency, or the Department of Family and Protective Services designated managing conservator of a child in an irrevocable or unrevoked affidavit of relinquishment has a right to possession of the child superior to the right of the person executing the affidavit, the right to consent to medical, surgical, dental, and psychological treatment of the child, and the rights and duties given by Chapter 153 to a possessory conservator until such time as these rights and duties are modified or terminated by court order.