Legal Question in Family Law in California
I want to get a divorce, but i'm afraid my 1 year old son will be taken from me. I have been married for 1 year and 6 months. My husband is in the navy and hes on shore duty, according to him he wont be on tour again. He has been on duty the whole year my son has been alive. I have not worked, but i used to a month before i went into labor, working is a part of my future plan. I want to know who will get custody of my little boy? and also if I leave the house with my children will it affect me in any way?
1 Answer from Attorneys
The general rule is that the court considers the following factors when making a custody order:
1. Which parent has been the primary care provider during the marriage;
2. How is the child doing with that parent;
3. Which parent will encourage the child to develop a relationship with the other parent;
4. Is the child safe with that parent.
Leaving the family home with the child should not adversely affect you. You should consult with an attorney or the local legal clinic about the procedure you should follow when leaving the house.