Legal Question in Family Law in California
Have I Made a Mess?
I have been married for almost 7 years. I have two step sons which I have been the main provider for for the last 6 1/2 years. Their birthmother is not in the picture and does not provide any financial support. My husband has barely worked at all in all of our marriage. I recently moved into an apartment down the street because I had to put some space between us. We discussed my move and he is fully aware of the location. Recently, he flipped out and we have no other choice but to get divorced at this point. He refuses to talk to me about anything and he will not let me take mine or my daughters things from the apartment now. It's getting really ugly and unfortunately for me (?), I'm the nice guy and have always seemed to make ends meet and come through with most things because my husband chose not to I guess. Now I have no idea where to go from here. What should I do? What are my rights? I never adopted the boys but I have been the only mother they've known for years. They are 11 and 9 and I am still very much a part of their lives. My husband and I also share a daughter 6 yrs.
2 Answers from Attorneys
Re: Have I Made a Mess?
Three primary issues come to mind. One is, do you think you will need a Restraining Order from the Court to protect you at your home, job, etc.? The second issue is filing for Dissolution of Marriage and the third issue is child custody. Since you are the stepmother as to the boys do you want custody of the boys on a shared basis with the daughter you had with your husband? If you file for Divorce and before any hearing you and your husband will be required to see a family mediator provided by the Court to see if you can mutually agree. However, before you file for divorce you may be able to work out the family relationships. If I can be of any assistance, please call.
Re: Have I Made a Mess?
First I highly recommend that you retain an attorney. There are several issues that require immediate attention from what I read in your message. First, you will want to file a petition for dissolution and a concurrent OSC so that you can get your daughters personal belongings from your previous residence, and so that you can receive child support for the daughter of the marriage. You will want to ask for mutual restraining orders as well so protect your physical being. As far as your step-sons you may be able to work out visitation for them as well. Bottom line, get an attorney now!!
If you are in Southern California you may call me for a free consultation at 818-998-1584.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
