Legal Question in Family Law in California

I am not Native American. My husband is Native. We have 3 babies together and we own a home we purchased a few months ago. He is kicking me out of the home. He wants 50% of custody for our babies. He also wants to keep the home. He is being unfaithfull and verbal abusive. I want to file for a devorce can I get 100% custody and the home?


Asked on 9/15/09, 2:46 pm

1 Answer from Attorneys

There are almost no circumstances where either parent gets sole custody with no visitation. He basically would have to be a danger to the children even with supervised visits. It is the policy of the state to foster frequent and continuing contact with both parents after divorce.

Whether or not you get the home depends on the rest of your marital property and finances. If you get primary custody of the kids, can afford the house by yourself, and you can make arrangements to buy out his 1/2 interest in any equity now or in the future, then you have a good shot at getting to live in the house, but nothing's guaranteed in courts, especially Family Court. It may have to be sold or other options looked at.

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Answered on 9/15/09, 3:02 pm


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