Legal Question in Family Law in California
For the past three years, my father's second marriage has been going downhill. They have been married for 14 years. My father (69 yrs old - retired - he receives 2 pensions and SS) has asked for a divorce from his second wife (my stepmother who still works and is 15 years younger than him), but she refuses to divorce him. She would like for him to stay in the marriage until my half brother reaches 18 years old (he's 13 now). My dad is not willing to stay married with her because of all the arguing and the raised tension between them now (they write notes to each other instead of talking). He does not think its a healthy environment for my half brother. If he stays with her, he thinks he will literally die sooner than later - increase high blood pressure, heart attack, etc. Because my dad is retired, he has been the primary caregiver for my half brother - making his meals, taking him to school, doctor apptmts, taking him to his extra-curricular activities (karate, football camps), he goes bowling with him, takes him to the movies, amusement parks, etc. So, there is more of a bond between my dad and half brother than with his mom who really does not spend much quality time with him because she is either working or visiting her family (sisters/brothers)/friends (usually without my dad and half brother). I advised him to see an attorney - but before he did that (he plans on doing so), he wanted to know beforehand:
1. What options are available to him if his wife will not grant him a divorce?
2. Is there a chance for him to have custody of my half brother - at least joint custody where he has physical custody of him?
1 Answer from Attorneys
1. Only the court can grant a divorce, she has no say in that. If your father files for divorce, she will have to respond or be divorced. What she does have a say in is if she is going to fight your father in the divorce proceedings to try to get as much as she can from him and custody of your half-brother, and she's entitled to do that, with an attorney's help, no doubt.
2. Yes, there is a chance. The court will decide based on what would be in the best interests of the child.
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