Me and my common law husband have been separated for 4 years now. We have 2 biological children together and my oldest child is my biological child but not his however he is the only father he has know and he has been in his life since he was 6 months old...
My oldest son's biological father pays child support which is being enforced by the county I live in. I know that he doesn't want to be involved because I've tried contacting him and he avoids and ignores any contact and communication. He has never had a relationship with him and has not seen him since he was 1 year old. My ex-, the one my 12 year old knows as dad, lives about three hours from us and we both would like the boys to live with him( his 8 year old bio son and the 12 year old non bio son) and our bio 10 year old daughter would live with me. We think it would be best for the boys to have more of a full time relationship with their dad.
But I would still like to have rights and he as well with my daughter would like to have rights. Me and my ex were never married. His non involved bio dad is on birth certificate... we live in the state of Minnesota. Again we both agree on this but is it possible and how do we get started? Thanks so much ,
We just don't know.

How do you feel your common law married ? The state your in doesn't recognize it at this time.

Minnesota Marriage (http://family-law.freeadvice.com/marriage/minnesota-marriage.htm)

So, as CalifDad has pointed out you two are not legally married and never have been. That means he has NO rights as far as the 12 yr old is concerned. Nor am I sure he can get rights to him.
Unless there is a court order to the contrary, you have equal rights to the bio children you share. So if you want to split them up you can.

But I would suggest you get an attorney to deal with what you can do with the 12 yr old.

nikalewis does not find this helpful : did not respond to my question of custody, maybe he was confused.


No confusion at all. I was asking about your assumption. You started your question with a common law husband.

If in fact you were common law married then there is a different way to approach it then if you are not.

So to answer your question we need to start with where the law begins.

Comments on this post
nikalewis does not find this helpful : did not respond to my question of custody, maybe he was confused.

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedback/using-comments-feature-24951.html

Sometimes we need to ask for more information to be able to give a proper answer. In your case, the assumption that you were in a common law marriage has a direct bearing on the answer to your question. So Califdad's response was appropriate and your rating was not.