Legal Question in Family Law in California
abandonment
I have been a stay at home mother for about 10 years. Two months ago, my husband left me and our three children and moved out of state. He refuses to come back and wants me to travel with the children to where he is. He has no place to live(staying with relatives), no job(unemployment), and no vehicle. He is adamant that he will receive joint custody if I chose to stay where I am at right now. There are also serious family issues with his side of the family (felonies, sexual abuse, etc...)What are the chances of him getting custody? What constitutes abandonment?
2 Answers from Attorneys
Reply: abandonment
Since he no longer lives in the State of California, you have the choice of filing an action in California or allowing him to file in another state. It would be easier for you to litigate the custody and related issues here. The legal issue pertaining to child custody in California would be the best interests of the minor children.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: abandonment
Your husband is attempting to manipulate you with groundless threats. The fact that he has left the state is a basis for YOU to have custody, not him. I urge you to obtain an attorney, or to see if there is a legal aid organization in your area that might assist you in beginning a divorce case where custody -- and support -- issues can be addressed.
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