Legal Question in Family Law in California
custody and dissolution of marriage
I filed for dissolution and custody of my kids. My ex filed for the same thing weeks later in a different jurisdiction but court is set for a later date on his forms. He lied about majority of what he said in the forms and is asking for support from me. The kids have lived with him for the past 3 years. Does he have the right to ask for all of that. I have the kids on my insurance from work. Medical, dental and vision.
1 Answer from Attorneys
Re: custody and dissolution of marriage
Divorce is properly filed in the County and State where the petitioner resides. As you reside in a different "jurisdictions" both divorces may be properly filed.
It is not clear whether your husband is in California or another state. If he is in California, then venue would be where the action was filed first, and the actions would be consolodated. Your husband is still entitled to obtain a divorce decree, but would have to apply to the court where he filed in order to obtain a status only divorce.
If he is not in California, the actions may run concurrently, but one court may defer to the jurisdiction of the other depending on the issue at hand. You have a legal obligation to inform the court of the other action.
On the issue of support. Jurisdiction is proper in the state where the children have resided (in the father's state). Venue is proper in the County where the children reside. However, if you filed for divorce first, and the children reside in Californai, then support may be decided in the County you reside.
On the issue of whether you will have to pay support or not, you will need to contact a lawyer who has a child support calculating computer program. Many family law lawyers will provide you this information during an initial free consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
