Legal Question in Family Law in California
What are my options
I have been with my Husband since 1997 and we have been married since 2001. We have a 7 month old daughter.Around 10 days ago he moved out of our apartment after we got into a fight that turned physical. He took all checks and atm cards(his name solely)and he says he will pay all the bills. He says I should stay in the apartment with the baby. When he moved out he called the sheriff. He says so i cant say that he abandon me and the baby. The apartment is leased in his name only. Can he have me removed from the apartment then claim I am unfit because I will not have a place for me and my daughter. As far as I know he has not filed anything in court. What are my options? Should I stay in the apartment? Do I file for divorce and ask for support? Go on welfare till i get a job? He has visited the baby 2x since moving out. Everything he has done since moving out has seemed purposeful. Is he what he's doing going to effect a divorce proceeding later on??.
2 Answers from Attorneys
Re: What are my options
His actions, after moving out, as you have described them, appear to be rational and responsible. I would suggest his purpose in seeing his child is to maintain a relationship with one that he loves. He cannot kick you out of the apartment except by court order and after a hearing. You should talk to an attorney about your rights and your responsibilities, including your responsibilities in co-parenting the child. Good Luck, Pat McCrary
Reply: What are my options
You have not provided enough information to provide detailed answers as well as an explanation of support issues and of your options.
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
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