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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19625
Experience:  B.A.; M.B.A.; J.D.
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My husband send me a petion for legal separation, but

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hi, my husband send me a petion for legal separation, but instead i want the divorce should i respond?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: well, he is asking for joint legal custody and joint physical custody. But i dont trust his intentions, because he all the time is threatening me about keep my child and he ask me all the time leave the appartment. Me and my child, we are not in the lease

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

I am sorry to read that your marriage may be coming to an end.

Yes, you need to respond to the petition and then file counterclaim for divorce. For forms and instructions, click here.

Best wishes,

Customer: replied 3 months ago.
1. Can we still living together in the case of legal separation?
2. He is asking for joint physical and legal custody: How can i be safe that he doesn't put any restrictions to me to take my child to visit my relatives abroad. Because of our differences, could he avoid let me take my child to visit my family?
Customer: replied 3 months ago.
3. I am not in the lease of the appartment we are living now. I am not sure if I can use this addres as my address. And , in the case of a divorce can I ask he let me stay here and he goes to live with his parents, until i get an appartment for my own?
4. how does it affect me for the custody, if i dont have a place to stay with my child.?

1. Can we still living together in the case of legal separation?

Response 1: No, if you are legally separated, it means that you are no longer living under the same roof.

2. He is asking for joint physical and legal custody: How can i be safe that he doesn't put any restrictions to me to take my child to visit my relatives abroad.

Response 2: You should tell the Court exactly what you need to see happen and ask the Court to put that in the form of an Order so that there would not be any future misunderstanding.

Because of our differences, could he avoid let me take my child to visit my family?

Response 3: It depends on the Court Order. So, if you want to avoid this result, you need to tell the Court that you need to be free to visit your family with your children and your husband should be ordered not to interfere with that.

3. I am not in the lease of the appartment we are living now. I am not sure if I can use this addres as my address.

Response 1: Yes, you can. It is a marital home. It does not matter that your name is ***** ***** the lease.

And , in the case of a divorce can I ask he let me stay here and he goes to live with his parents, until i get an appartment for my own?

Response 2: You can. However, that does not mean that he would agree. Also and more importantly, the Court may not allow you to do this because you cannot displace him from his apartment if there is no issue of domestic violence.

4. how does it affect me for the custody, if i dont have a place to stay with my child.?

Response 3: If you do not have a place for the child, then that would negatively affect your chance of retaining custody of the child. You must have a place for the child.

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. Kindly use the popup screen to give the rating. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

Phillips Esq. and other Family Law Specialists are ready to help you
Customer: replied 3 months ago.
I have a mediation appointment this coming friday to talk about custody, he is asking for joint legal custody and joint physical custody. I want to understand what is the difference??? physical custody is where my child live?
Customer: replied 3 months ago.
what should i expect from this meeting?
Customer: replied 3 months ago.
should I express here my concern about be threaten about don't getting his permission to go to visit my family?
Customer: replied 3 months ago.
what we decided here, is the same in the case of the divorce? because actually this is the process for legal separation.
Customer: replied 3 months ago.
another thing, what does it means "terminate (end) the courts ability to award support to Respondent (me)

I have a mediation appointment this coming friday to talk about custody, he is asking for joint legal custody and joint physical custody. I want to understand what is the difference???

Response 8: Legal custody means both parents would have equal say on how the child is raised. For instance, the school the child goes to, the doctors the child sees. Physical custody means where the child resides.

physical custody is where my child live?

Response 9: Yes.

And what should i expect from this meeting?

Response 10: The mediaton may award both parties joint custody and one party sole physical custody or award one party sole legal and physical custody with generous visitation rights to the other party.

should I express here my concern about be threaten about don't getting his permission to go to visit my family?

Response 11: Yes, you should.

what we decided here, is the same in the case of the divorce? because actually this is the process for legal separation.

Response 12: The decision would carry over to the divorce case if the parties decide to dissolve the marriage.

another thing, what does it means "terminate (end) the courts ability to award support to Respondent (me)

Response 13: I am sorry, but I do not know in what context this question is being asked. So, I cannot answer it.

Customer: replied 2 months ago.
what does it means: permanent legal incapacity to make desitions?
under the response of requesting divorce for that cause