Legal Question in Family Law in California

Divorced

My daughter in CA found her husband was molesting her daughter. Called police and he is in jail. She has filed her own paperwork for divorce, but there is property involved..home and two autos. He has not been convicted yet, though police have recording of his confession to her on the phone. They have offered plea bargain of 26 yrs. He has opted for trial. Divorce judge has given her permission to sell home, & property hearing is in July. Since CA is community property state, will judge give him 1/2 of property? Shouldn't the judge appropriate husband's share of property to her in lieu of child support? She doesn't have any money and I don't have much, but would it benefit her to hire an attorney for property hearing?


Asked on 6/01/06, 11:56 pm

2 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Divorced

You did not mention where in California your daughter is located? Of course your daughter should have a lawyer. Without a lawyer she is in the dark so to say and at a disadvantage. If your daughter is in Southern California she may call me for a free consultation. My family law website is divorce-legal.net and my contact information is on this system.

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Answered on 6/02/06, 10:53 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorced

He still owns one half of the property. There are ways that may protect that property to be used for child support. Otherwise, it may go to the cost of his defense, particularly if he has a public defender. You need a family law attorney who is very experienced in child support. If the husband is cooperative with supporting his daughter, it can be protected. She may call my office for a free consultation. Good Luck, Pat McCrary

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Answered on 6/02/06, 12:35 pm


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