Legal Question in Family Law in California

Ex using child as bargaining chip

A friend of mine recently seperated from his wife. He has no intentions of returning to her. He moved from their home about 1 month ago. While attempting to secure a residence she took his paycheck which has held him up financially. His wife makes twice the income as he. She repeatedly asks him for money. She says that he abandoned her and their two year old. He has made every possible effort to see his daughter but considering that he has been living on a friends couch due to lack of funds this has been difficult. She has refused at times to let him see his daughter based on her not receiving any money from him. All he wants is joint custody of his child. He doesn't want the house or any of it's contents. She has threatened him with an attorney and said that she never wants him to see his daughter again. What are his rights to his daughter? We are searching for an attorney but the financial issue is a big factor since he really has very limited funds. What direction can he start in? Are there attorneys that will let you make payments. The soon to be ex is making things very difficult on him. Do you have any suggestions?


Asked on 10/10/99, 1:20 am

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Ex using child as bargaining chip

He can file a petition for divorce and an order to show cause requesting orders re: custodial sharing. If she makes twice his income, child support should not be too high and spousal support, if any, would be ordered paid by her to him.

Tell your friend to not give up the house or any other property. Take his 1/2, as allowed by law. If he still wants to give it up to her a year from now, he can do it then.

We do not have the grounds of abandonment for divorce in CA.

Most attys require an initial retainer which consists of payment of x hours in advance. He should get an atty, but he can file the above papers on his own.

He has an absolute right to see his child, perhaps even to have custody of her.

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Answered on 10/11/99, 5:49 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Ex using child as bargaining chip

if he is in southern california I can work out a very affordable payment arrangement for him. in cases like this we can sometimes get an order that the other spouse pay his attorney fees.

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Answered on 10/11/99, 7:05 pm


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