QUESTION

Can I get full custody if I cheated on my husband?

Asked on Jun 21st, 2012 on Child Custody - Oklahoma
More details to this question:
Oklahoma, I'm not sure if we are married but we filed taxes together in 2009 n they said we would b considered married in oklahoma
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2 ANSWERS

Adoption Attorney serving Yukon, OK at The Jordan Law Firm
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Ok even though you filed Taxes in Oklahoma together, you're not considered Married unless you meet the criteria for common law marriage. Elements of a Common Law Marriage are the following: 1. An actual and mutual agreement between the parties to be husband and wife. 2. A permanent relationship. 3. An exclusive relationship. 4. Cohabitation as man and wife. 5. The parties must hold themselves out publicly as husband and wife. These all must be based upon clear and convincing evidence. I think from your request that there's not an exclusive relationship because you were not monogamous with each other. In addition, you have to keep telling people you're married so that those around you would naturally think you're married. If you don't fit the criteria you're not married and you should just file a paternity suit to establish custody and visitation if you have children or a partition action if you bought real estate together.
Answered on Jul 02nd, 2012 at 3:35 PM

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The court is guided by the best interest of the child in making a custody award. Your history is a part of that determination. I suggest you make an appointment with an attorney to discuss your legal status.
Answered on Jul 02nd, 2012 at 3:23 PM

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