Legal Question in Family Law in Texas

I have been in a relationship for 10 years but are not legally married & we have a 5 year old daughter together. I want to leave but he controls everything. I quit working to stay home with our daughter 3 years ago. All property, vehicles, accounts, etc are all solely in his name. He pays all the bills & give me $100 per week for anything else our daughter or I may need. He has made it clear that if I want out that I must leave immediately and I can take my daughter, our clothing, the old car that barely runs & only the money that is in my pockets. He says he knows the courts will eventually take him for child support but until then not to expect anything from him. Is this true? Can he legally throw us out & cut us off like that? Regardless, my daughter is my #1 priority. I have no idea what my rights are in this situation or if I even have any at all. I don't know where to go or what to do. Can someone please help or at least point me in the right direction?


Asked on 8/15/14, 3:01 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Get a lawyer,

At the minimum, you can file a Suit Affecting Parent child Relationship which will get you child support. You may be able to seek back child support.

If you fit the criteria for an informal marriage in Texas, you can file a suit to prove the informal marriage and sue for divorce. In addition to child support, this would establish that you re married and give you right to 1/2 of the community property. What makes property community is whether is was acquired during the marriage, not who holds title.

You have plenty of options, you just need to consult with a family law attorney.

If after consulting with a family law attorney you can't afford a private attorney, consult with the attorney general's office.

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Answered on 8/16/14, 8:48 am


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