Legal Question in Family Law in California
Interstate Divorce and Custody
Husband moved to California. We have three children ages 16, 10 and 4)living with me in Kansas. He has filed for divorce in California. The children do not now, nor have they ever lived in California. We are in agreement that I am to have Physical Custordy, and I am seeking sole leagal custody as well. Can this issue be decided in California, or is there a risk that they will want the kids to be moved to California. Also, if they were to visit their father in California, would there then be a risk of custody being taken from me. I have a steady job and am meeting all the physical, emotional and mental needs of the children despite having no support assistance from their father to this date. (Though Missouri is garninshing his wages for support of our oldest child- who is 18 and in state custody- due to voluntary surrender because of the son's difficult behavior)
Bottom line: is it okay, and even possible to allow California to make this decision??
3 Answers from Attorneys
Reply: Interstate Divorce and Custody
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Interstate Divorce and Custody
Do you have another case with your husband regarding custody? If there is a case in another state regarding custody and support, CA does not have jurisdiction. Otherwise, your husband can file for divorce in CA if he meets the California residency requirements -- namely, if he has lived in California for the last 6 months, AND the county in which he filed the divorce for the last 3 months. You really should consult with an attorney in CA, or in any state where you and your husband may have another case.
Re: Interstate Divorce and Custody
Having custody determined in Califronia could result in certain disadvantages to you. If the order is made in California you may have to travel to California for custody and visitation issues. He can proceed to disolve the marriage in California. However before you have the issue of custody and visitation determined in California you should consult an attorney in the state in which you are currently residing. If that is the home state of the children then the custody and visitation issues would be determined in that state.
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