Legal Question in Family Law in California
Permanent resident wife, American daughter
I am an American citizen, and have a stable job and income. My wife, from South Korea, just received her permanent residency in the U.S., has been in the states less than 2 years, is a graduate student, and does not have a job or any income. We have been married a year. We also have a 6-month old daughter, born here in California. My wife and I have our problems that we are working out, so I do not want to consider a divorce. But, if we do go down that path, my questions are as follows:
1. Who get's custody of our daughter? Since my daughter and I are U.S. citizens, and my wife is not, do I get custody? I am the only one with an income and can provide for my daughter, and have family who can help me care for my daughter; my wife does not have a job here and cannot provide for her I think. There is one catch: our daughter is right now being cared for by my wife's parents in South Korea since I work full time and my wife goes to school. If I have custody, how can I force them to return my daughter?
2. Do I need to support my wife (alimony, etc.) forever, whether or not she gets custody of our daughter?
3 Answers from Attorneys
Re: Permanent resident wife, American daughter
The status of your wife in the US is really not an issue here. With your daughter being so young, the best you can do is probably joint physical and legal custody. If sole physical custody goes to your wife, you will most likely pay for child support and some short term spousal support.
Best of luck in working things out with wife.
Re: Permanent resident wife, American daughter
What Doris Mei told you is correct. All of the custody issues would be easier to resolve if the child is here. If your wife takes the child to Korea or out of the country before the divorce, things could get a lot more complicated.
Reply: Permanent resident wife, American daughter
In a general sense, the longer you stay married the more risk you have to pay spousal support. Child support is based upon the parents income and time share. Child custody is based upon the best interests of the child.
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 by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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