unsure if we are common law have lived together for less than a year but have a child together

If you both are legal parents of the child, then you will be considered common law. Please refer to this link to confirm: https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-address-information/marital-status.html