Legal Question in Family Law in California

My question is can I move out of the house into an apartment in the same county with my son (who wants to move too and live with me) and not have to pay for her place too? I know I'll probably end up owing Alimony and but the current situation is creating emotional duress for my son and myself. I have more background info if needed.

I filed for divorce about a month ago and my wife filed a response with a lawyer (I filed pro per). We currently still live together and I pay all the bills even though she has a part time job (but her income would barely cover the rent alone if she did pay). We have an 11 year old son that wants to live with me and we initially agreed that he would live with me and she would have visitation (but now in her response she's saying she wants full custody). She has done a lot to prove she is an unfit mother � She was arrested a year ago and is currently awaiting the decision for charges of Oral copulation with a minor (not my son) and contributing. She has also abandoned my son numerous times which I have documented in a journal Thank you for any advice!

Background:

She has numerous actions she's made that might help my case. First, she was arrested last year for oral copulation with a minor and contributing (alcohol) to a minor, she has these charges and the case is still in process (DA gathering evidence). The minor involved has even had restraining orders placed against her. She has been emotionally abusive towards my son by abandoning him for up to 5 days without a call/contact (I have been there though) and when she does see him the 1-2 days out of the week she fights with him or involves him with her "boyfriend" (doesn't spend time with him without the other guy around & even had our child sleep over at this guys house on the couch with her in the other room with the guy). She says she wants me to fix up the house to sell (even though its upside down right now) and then wait for what she gets for alimony before I can move out with my son. She's now also saying "I want 50/50 custody because I don't think its right I should have to pay child support" her only concern is money.

So can I just pack and leave to an apartment within the same county with my son - who wants to live with me, and not worry about her place's expenses until the alimony order is reached? Would this screw me up in the case?


Asked on 11/16/09, 4:40 pm

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

When a person files for divorce, automatic temporary restraining orders are issued that require each party to continue paying expenses as they have been unless otherwise ordered by the Court. So, you can move, but you can't stop paying the expenses yet. Another option for you would be to file an Order to Show Cause for Exclusive Use of the Marital Home.

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Answered on 11/23/09, 11:41 am


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