Legal Question in Family Law in California
Joinder of Step-dad to Divorce Case
I am a Step-Dad. Recently I accompanied my spouse to a hearing related to a custody review(we have physical custody).We are also dealing with financial issues that stem from the past marriage. I do a lot with the children and any decisions the judge makes regarding the children influence me also. In addition whenever my spouse is ordered to pay anything by the court it also effects me as I am the sole income provider in our house. I feel I should have a right to participate in the court proceedings as I have a lot to say in regards to custody and I help my wife with all court issues.we represent ourselves and I do a majority of the research an document preperation. The judge has said I can not participate unless I am joined. WHAT REASONS DO I GIVE IN THE NOTICE OF MOTION FOR JOINDER?
1 Answer from Attorneys
Re: Joinder of Step-dad to Divorce Case
You could state that you are the psychological parent of the step-children.
ARE YOU SURE YOU WANT TO BE JOINED!!!!! The family code provides that any party to the action can be ordered to pay attorney fees for any other party. Most courts look to financial need and financial ability to pay. If your income is substantial you could be ordered to pay the ex's attorney fees and other costs. Presently the court is looking at only a portion of you income in making support orders, and payment of other costs, such as attorney fees.
It may be more prudent to hire an attorney than to be joined into the case.