Legal Question in Family Law in California
For the past 8 years I have been the parent caregiver of our autistic daughter as my wife regularly worked outside of California (away from the home).
Per IHSS rules, this has been my sole source of income and my full-time job.
My wife, now unemployed for almost a year, is threatening to switch our daughter's benefits to herself and possibly remove the child from the home. The home is my separate property, protected by a trust, and our child's place of residence. My wife is claiming she can do this because she is "the mother," and that it is her right....
Is she allowed to do this under California Law without any real cause other than being upset with the marriage?
1 Answer from Attorneys
A mother has no more right to custody and caretaking of a minor child than a father has. Father and Mother have equal rights until a judge says otherwise. If you do not have a court order granting you custody you should contact a family law attorney to get such an order. The judge will determine the best interest of the child.. You don't have a strong case for custody, you have very strong case for custody. I don't see a judge changing the environment of an autistic child that has been in the care of one parent for 8 years add to that the fact that you own the home which establishes stability. You should get an attorney who has significant experience in custody cases and is familiar with autism.
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