Legal Question in Family Law in California

My spouse and i are getting ready to file for divorce. She has taken all the kids passports along with her own and she is from out of the country. Can i have the courts request she return or turn in the passports as I am afraid she may flee before or after the divorce with the kids.

Being a man, what are my chances of getting full custody (legal and physical)? We switch off on giving them baths, doing homework with them. She drops them off and picks them up recently but prior she used to drop them off and i would pick them up from school and one from daycare. If we share custody do I have to pay child support?

Finally, I put her through school for being a teacher and she is currently substituting since the economy is bad right now. Would i still have to pay spousal support? How long? What percentage of my salary, etc?


Asked on 12/21/10, 9:42 pm

1 Answer from Attorneys

Most of the answers to your questions require analysis of your complete financial picture and the facts of the marriage. Spousal support and education payments during marriage are complicated and fact-specific determinations. Full sole legal and physical custody have nothing to do with gender these days, but it is never granted to either parent absent something abou the other parent making them unfit parents, and even then there is usually some form of joint physical custody with visitation unless the other parent is a total danger to the children or incarcerated. Child support is calculated on custodial time, relative income and a bunch of other income factors, such as tax rates, etc. There is no way to predict who would owe whom and how much without first establishing percentage of time each parent will have custody, and then running the support calculation software on those numbers and the financial numbers. As for the passports, etc., there are standard form child abduction orders, including surrender of the children's passports to the court, that can be issued at the outset of a case. You should have those included in a motion to establish temporary custody and support.

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Answered on 12/30/10, 7:21 pm


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