Legal Question in Family Law in California
Child Custody and Child support
My wife left our house & abandoned me with our 3 year old son since Dec 16. SHe currently lives with another man in the same city. She has filed for mediation (private mediator) & is asking that we have joint custody of our son. She also want us to sell our house so that she can collect her part of the equity. I am considering filing for a divorce & to ask for Sole legal & physical custody & also for her to pay her part of the support for our son.
What is the best approach that I should take? Should I agree to sell our house?
3 Answers from Attorneys
Re: Child Custody and Child support
You are well within your rights to ask for such custody, but the court will balance you and your ex's rights herein, and ultimately will decide on what is in the best interest of the child at issue. As far as your home goes, she will be entitled to her fair share of the home's community property interest from the inception of your marriage to the point she moved out and showed the intent to separate from you permanently, if community property funds were used to buy the home and make mortgage payments. For a free phone consultation, contact us directly.
Re: Child Custody and Child support
You would benefit from representation. The longer your son is with you alone the better. Allege that she is unfit. Call me directly at 16192223504, specializing in father's rights (I am a single father of 5 young ones).
Re: Child Custody and Child support
Assuming that title to the house is held in both of your names there is some community property interest in the house. If the house were purchased during the marriage there is a presumption that it is community property. She is entitled by law to one half of the community property in the house, cars, furniture, retirement plans etc. Custody is another matter she left the child with you and has taken no interest in the child's welfare since she moved out. Retaining an attorney may save you more than the cost of the attorney fees.