Legal Question in Family Law in California

fraud

I have 2 questions. First of all, my husband wrote a check using my name and my signiture. It was my account and he was not authorized to sign it. He imitated my signiture to cut $3500.00 check. We are filing divorce. Is it possible to sue him for fraud of check? I asked one of lawyer, and he said that there is no merit for me to sue him. It's time consuming and cost you a lot; it's not worth it. Is it true? I cannot do anything about it? If I could sue him what's gonna happen to him and me? Second, we will have 50/50 child legal custody. If I decided to go back to my country, which is Japan, is it possible to take my child with me? He is 3 years old now. Please advise.


Asked on 5/28/02, 3:14 pm

1 Answer from Attorneys
Douglas A. Crowder Crowder Law Center

Re: fraud

Regarding the $3,500 check, if you are going through a divorce proceeding, it should be brought up as part of that proceeding as part of the property division -- or depending on the circumstances, you might be able to get the judge to order him to repay that.

To file a separate lawsuit against him, outside of the divorce proceeding, you would take him to small claims court. You might or might not win, but the costs are very small with that type of suit, so you don't have much to lose.

Re the custody and taking the child to Japan -- unless you can get your husband's agreement, you would have to get court permission, which you might or might not be able to do.

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Answered on 5/28/02, 4:21 pm


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