Family Law Questions? Ask a Family Lawyer Online.
Hello! I am a licensed CA attorney who is admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. Sorry to hear about your situation. You have complete rights to your children. As the Father, the law considers you to be an integral part of the child's well-being. This means that if you would like us to be 2 to 3 times per week and you can easily demonstrate that you are able to care for the children in their best interests (i.e. you have a job and a place to live) then you will be in good shape. Under California law, your wife cannot take the kids out of state without your permission. This would likely be considered abduction by her and this would look very bad for her in a custody dispute. If their domicile this California, and she decides to move them without your consent, and you have at least some legal custody over the children then what she was doing is illegal and you could contact the authorities in the state where she plans on living to have the children.
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you are certainly welcome.The answer to your question is yes. The courts will definitely consider the fact that although you were not a stay-at-home parent nor still providing for the children. Providing for the children is not just providing the love and attention that they needed is also about providing the practical realities of life like money, health insurance, and all of the other things parents need to provide for their children on a practical basis.
And you are correct. Even if you don't have physical custody over the children if you have 50-50 legal custody any move with the kids without your consent is going to be a violation of your parental rights. Did you have any other questions for me?
That's a very good question. If you move out of the house during a separation the court is not going to consider that an abandoned. The court is going to look at all of the factors and terms of how you care for the children. The court understands that parents after a separation or divorce ordinarily are going to live in the same home. However, if you are making an effort to be in the children's lives and if you are making an effort to provide for them as you ordinarily would, then you are going to be in good shape. The court will not considered so banned in it at all. I think it's a good thing if you don't want to expose the kids to that and that may actually bode well in your favor.
Generally, I would recommend an uncontested divorce. CA allows for you and her to come up with a marital settlement agreement where you agree on the terms of the property, debts, assets, and child custody. Usually, these don't backfire.
Also, mediation is almost always preferred. Oftentimes, you both can find one lawyer that is willing to help with your marital settlement agreement so you don't have to hire separate representation to fight the case out on your own. Plus, the court is more likely to approve what you agree in the end. Did you have any other questions for me?
Yes, there are going to be some limitations on the Investments that you make, But that only applies to marital property. therefore, if you help your parents purchase a new home with separate property ( property earned before the marriage); however, if you use funds that were obtained during the marriage, then you would not be able to do such a thing. The idea really was set up to protect women from having men try to hide all of their funds during a divorce proceeding. Ultimately, it's drafted in a manner that it prohibits both parties from doing those things.