Legal Question in Family Law in California
My husband is planning on leaving for Florida and taking our 16 year old son with him. What rights do I have as his mother? I believe that after a child is that age they can decide who they want to live with but if my son chooses my husband do I have any custoday rights? Also if my husband moves to Florida and files for divorce am I entitled to alamony? Our 19 year old daughter still lives at home and attends college and will not go with him to Florida. Do I have any financial assistance rights for her?
1 Answer from Attorneys
You need to file your own divorce petition before he gets the son out of the state, and serve your husband with it. That will put an automatic restraining order in place against taking him out of state without your consent or a court order. Then you and your husband can negotiate a custody and visitation order, or get the court to decide. Whether or not you are entitled to alimony is not affected by who files or where they move to. It is a matter of your fianances, which you have told us nothing about. You will have no financial assistance rights for the daughter.
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