Legal Question in Family Law in California
I am going through a divorce and have no legal help at this time..I have been throught the ringer when it comes to legal help and just want a few answers I hope you can help..I am serving in the Navy and was told I was going to have to move almost 4 hrs from where my ex and the kids live..again I was ordered this as I would do anything to have my kids with me. I have been giving her 1,700 a month, I have been paying for her car, her daughters car ( from a previous relationship) I have been paying for her car insurance and all the bills..she was able to stay with family to help her get on her feet. I too because of the move had to rent an appartment, pay for my car and my utilities..EVERYTHING I make goes to something. I just cant afford it. Over the last year after going over everything I've paid out to her and all of her bills ( only bill she pays for is cell phone) I have spent over 30.000.00 and she has not a dime to show for it. She cheated on me with 4 men while I was on deployment, she has social services called on her. All the money I've given her has gone into nothing for our kids or for her to at least save for a place..She did not want to move with me when we were told I was being transfered. I have no money and do not live this lavish lifestyle as a matter of fact I needed to go to a church with a food bank for food cause I dont have money for food. Can I ask for the car back and try to sell it as the loan is in my name? She drives it but I pay for it..Its my car...Will the judge listen when l tell him all this? Also because of the distants she will not meet me half way so I can see my kids..for me to drive from where I live now to see them over a weekend would be impossible..I want her to meet me half way so I can see more of them. I feel like throwing my hands up and I know that our legal system works in favor of the mother..But I am a good dad..my kids love me and If I could I would have them with me
1 Answer from Attorneys
Your case is complex enough so that you should probably consider representation, especially if you are on active duty. Active duty servicemembers are entitled to legal protections of notice when they are activated for combat. In regards to the visitation, it's usually ordered that parties share in the travel time and costs for visitation, especially when it is for long periods of time. The distance should not act to de facto cut off your visitation with the child. You should file a motion to have that issue heard so that the judge can assist you with the visitaiton responsibilities.
or self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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