Legal Question in Family Law in California

my wife and I are going through a hard time right now...she has talked about divorce....I don't want one...my q. is, if I give her a divorce,what will happen to the children....she does not have a job..nor skills of any kind...she will also live with her mother and father....does she have right to the childern or do I..I feel that she has no case for divorce...


Asked on 6/04/11, 8:21 am

2 Answers from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Placement of the children in a parenting or custody plan is designed based on the best interests of the children under California law. The best outcome is for the parents to work together on designing that parenting plan. Custody with the mother as described in your question, is based on the children's emotional needs...who are they most psychologically attached to. Your wife's lack of a job does not preclude her from being the custodial parent. Divorce in California is not based on fault but on irreconcilable differences. Either spouse can ask for a divorce and you do not need the consent of both spouses to proceed with a divorce.

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Answered on 6/04/11, 11:07 am
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

Arlene is right on.

BARRY BESSER

www.besserlaw.com

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Answered on 6/05/11, 12:53 am


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