The child's spending the night has nothing to do with creating a common law marriage.

To create a common law marriage in Alabama you must satisfied the following elements:

"A valid common law marriage exists in AL when there is capacity to enter into a marriage, present agreement or consent to be husband and wife, public recognition of the existence of the marriage, and consummation." Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82 (Ala.Civ.App. 1981).



If you can show that, then your relationship is a common law marriage, irrespective of the daughter spending overnights at the house.

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I need to know if we can be considered common law does that mean the no cohabitation in his divorce still applies and she can not stay the night.

Unfortunately I am not understanding you.

Each divorce has there own terms so I am not understanding the issue of cohabitation and why the daughter cannot spend the night. I need more facts.

1) Who got divorced?

2) What are the terms of the divorce regarding no cohabitation?

3) What does cohabitation have to do with the daughter spending the night?


Thanks

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The divorce papers say no cohabitation for either of them and they have joint custody. We are trying to establish his rights to every other weekend,but the mom keeps saying the papers say no cohabitation and she can not stay here. He got the divorce in 2002 and did not have every other weekend then because of the little girl's age. She is now 9. Nothing has ever been changed.

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