OK...a good friend of mine has a problem and I need links and such to help him out.

My friend, Randy, has a common law wife (yes he can prove the are common law). They were married then divorced, but got back together and lived as common law for 3 yrs. His wife, Joyce, is getting dymensia. She is not bad and can function...just forgets things at times.

The common law part is important IMO.

Now her son picked her up telling her he was taking her out for her bday. Instead, he took her to a nursing home. She is NOT in need of a home right now. The son doesn't have guardianship or power of attorney and there was no court order saying she needed to go to a home. Basically, IMO, he kidnapped her.

Randy can't even see his wife and has heard she is very depressed and very unhappy. He has reports from Adult Protection Service (the son called them on Randy) saying she is doing great with him and there are no problems. He has bank records, income tax and other paperwork saying they are married.

He wants to get her back but has had a hard time finding a good attorney.

The son dropped her off at the home (in Texas) then moved to Washington....great son huh?

I need to know what the laws are and any info I can get to help him get his wife back. ANY AND ALL HELP would be appreciated

Hummm so does Randy live in Texas now all he needs to do is call any lawyer that deals with Family Law the first initial visit is normally free in order for the Lawyer to determine what can and can not be done. He would be better off calling a lawyer. All he has to do is go down the phone book let them know what his problem is ect.

This is one case he will need a lawyer for. There is a possibility the son has more say so over the situation then Randy does since they were not married legally when it comes to medical.

from what I have seen...coomon law is just as legal in Texas as anything and he can prove it. But I would think since there is no court order that she can leave on her own.

I am looking for an attorney for him (he really doesn't know where to look and is distraught over it all)

yes Randy and Joyce are both in Texas....the son blted to Washington after he dropped her off.

I am trying to look for as much info before an atorney so Randy will know what to ask, say, understand , etc.

thank you Kristi...knew I could count on you. If you know a good attorney or any info...please let me know

Actually it may not go the way he wants it too...


Do all states recognize common law marriages?

Yes and no. Although eleven states (Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah) still recognize common law marriage, other states do not. However, if a couple meet the requirements for a common law marriage in a state that does practice common law marriage, then move to a state that does not practice common law marriage, the new state by law will still recognize the common law marriage.

Yet, legal rights and protections a common law spouse was entitled to in their observing state such as claim to joint assets, alimony, power of attorney in the event of disability, inheritance executor (if not expressly stated in will), etc., will not necessarily be honored.

http://www.lawinfo.com/fuseaction/Client.lawarea/categoryid/1161

But......he will not know for sure until you call a Lawyer in the area that deals with Family Law & Medical Issues. For at times they can find loop holes around different issues. They might be able to go on what the son did and if he filed a false report against him.

ty kristi. i will show that link to him

Randy and Joyce are still in Texas...they never left...the son high tailed it after dropping his mom at a Texas nursing home.

That site if you look at the bottom does give you a list by state of common law marriage attorney's as well.

perfect!!!!!!!!!!

now it's just me thinking...but it would seem like almost what the son did was kidnapping. i guess i should ask my cop friends too. I just want Randy to be prepared and know things before hand

Well that would most likely be a fine line the cops could not answer due to her age and medical condition. It would have to be proved that she was not in the position to know what she was doing or what was going on then it would come down to who had the right to make those decisions as well.

But I would think if nothing else he should have the right to visit her regardless. As long as he could prove that the son made false statements against him as far as those rights goes.

But good luck to him along the way.

nah....they would just give me a little more info as friends...not as cops

I believe they even had her tested etc...and it showed she was fine...just moments of memory loss. Randy hired someone to just spend time with her while he was at work. she was able to curl her hair, makeup, dress everything she has done for years

Humm then who signed her in did she admit herself I mean as far as I know as far as she is stable enough to take care of her self then don't see how they could keep her there.

that is what I'm not clear on. the son and his wife took her for a bday dinner but instead she ended up at the home. I don't know if they convinced her of something or what. I would think she could leave. Randy isn't allowed to visit because the son told the home something (not sure what)

she doesn't drive and Randy isn't allowed there (they threatened to call the cops if he even showed up)

I would think without power of attorney or court appointted guardianship...the husband would be in charge.

those are things I want to research so Randy can go to an attorney and be more prepared either way

Well normally they are but........when it is common law due to a marriage by the courts medical issues are different. But as far as him getting to visit her now a lawyer should be able to fix that unless the son has proof that there is something going on there everyone does not know. And it would put her in harms way. Something is not right there.

well the son has called adult protection services on him and randy has proof (the reports) that she was doing very well and well cared for. I suspect there is money involved that the son is trying to get

Could be but as far as that goes if she has him as the beneficial he would get it regardless don't make since why he would do that is Randy the boys father or is he a step dad? Just don't make since why the son would take her away from a place she was being taken care of and put her in a home. Looks like to me Randy could actually sue the boy for false accusing him of what ever he has accused him of in order to get the nursing home not to let him see her.

randy is the step dad. and from what i understand the son never wanted much to do with his mom anyway

That is sad I do hope that Randy gets a lawyer and gets this stuff straighten out shsh what he should do is get her out and remarry her and leave the son with nothing for doing this to his mom how sad for what specially since he abandoned her after putting her in there.

To get her out I suspect he'll have to establish a common law marriage (in texas an informal marriage) to get her out. Once that is done it is just as binding as any formal marriage contract so he won't need to remarry unless they both choose to.

http://www.co.travis.tx.us/dro/common_law.asp

common question asked about common law marriage

Well even though Texas does acknowledge common law when it comes to medical then there are problems. So he needs to get it where a lawyer can solve the issue with him getting to visit her first to let her know he is still there and wants her back. No telling what is going through her mind. Then he needs to see about getting her out of there.