Legal Question in Family Law in California
Pre-Custody
I have a few questions here, would appreciate some answers:
1)We are in the process of deciding if a divorce is our only solution. In the meantime, my wife, without any or minimal notification to me, takes our son for days (upto a week) and stays over with her family and/or elsewhere. Without filing for a divorce, do I have any rights to keep her from taking my son away for such extended periods? What optios do I have here when such a thing occurs, especially when she doesn't pickup her cell and I have no idea where she might be?
2)Does it matter who initiates a divorce?
3)It seems typical to me that mothers get full custody and father gets every other weekend. Is this what I should expect?
4)What't the best method of choosing a laywer and how much should I expect to spend?
3 Answers from Attorneys
Re: Pre-Custody
Pending a court order either parent has the right to take the child virtually any where for any length of time. However, California penal code does make it a crime for one parent to hide the child from the other parent. You have these options; 1. file a complaint with the police next time she leaves and hides the child, probably a poor choice; 2. file a petition for dissolution of marriage; 3. file for a legal separation, still married after the judgment is entered; 4. file a petition for custody and visitation; 5. talk to her, possibly with a neutral third party such as a minister, and either come to an agreement on custody, and visitation, including taking the child from the family home. That if this option is either not successful or she refuses to work out an agreement then you will take the action in one of the above options.
Re: Pre-Custody
Call me to discuss your issues. I will give you a free consultation.
I always recommend choosing a competent lawyer who you feel comfortable with.
Reply: Pre-Custody
In a general sense, until you file for dissolution of marriage or legal separation, there are no court orders regarding the parenting of your children, and therefore either one of you can take the children wherever you want to whenever you want to.
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 including child custody, visitation and various parenting issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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