Your big problem is your so-called common law marriage and your drug dependence imho. In DC, MD and VA- there is no legal recognition of a common law marriage. Your "son" will end up where he ends up.
AI Overview. -
Common law marriage is a legally recognized marriage between two people who have not obtained a formal marriage license or had a formal ceremony. Instead, it's established by the couple's conduct and intent to be married, with the specifics varying by state. Essentially, if a couple lives together, presents themselves as married, and intends to be married, some states will recognize their relationship as a common law marriage.
Understanding Common Law Marriage: States, Rights & Insights
Here's a more detailed explanation:
No Formal Ceremony or License:
The key distinction is the absence of a formal marriage license and ceremony.
Mutual Agreement and Intent:
Couples must mutually agree to be married and hold themselves out to the public as a married couple.
Cohabitation:
Living together for a significant period is often a factor considered by courts, though the required duration varies by state, according to FindLaw.
Public Representation:
The couple must present themselves to others as married, often through shared finances, joint accounts, referring to each other as husband and wife, etc.
Varying State Laws:
It's crucial to understand that not all states recognize common law marriage, says the National Conference of State Legislatures.
States that recognize it:
Currently, only a few U.S. states legally recognize common law marriage, including Colorado, Iowa, Kansas, Montana, New Hampshire (for limited purposes), Oklahoma, Rhode Island, Texas, and Utah.
Importance of Documentation:
While not always required, having documentation like affidavits, joint bank accounts, or other evidence can help prove the existence of a common law marriage.
Legal Implications:
Common law marriage carries the same legal rights and responsibilities as a formal marriage, including property rights, inheritance, and other legal benefits.