Legal Question in Family Law in California
Does my spouse have the right to remove my children from our home. I am currently deployed to Afghanistan and returning home in a couple of weeks. My wife has rented a new home and plans to move with our children. I do not believe she will contest joint custody however I desire that the children's primary residency remain the home we own together. There were no issues prior to deployment and this is a surprise. She has withdrawn a large sum of money from our joint savings, overdrawn our checking account with deposits and rent, charged $5000 on credit. We hold two mortgages on homes in two states and I do not believe that I can support three households and brunt of child support.
2 Answers from Attorneys
Until there are court orders to the contrary, either parent can take the children anywhere in the U.S. It sounds like you need to get a lawyer on this before you get back, I'm afraid.
Without a court order, either of you can make that determination. You should retain an attorney as soon as you get back, or even sooner so that you are prepared. It is currently taking about 3 months to get into court for an initial child custody hearing, so the sooner you start the better. Good Luck, Pat McCrary
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