Legal Question in Family Law in California

My wife and I are married. We just had a new-born son which is only 3-week old. Her health conditions are not good. Her mother came to our apartment to help. At one evening, we had a heated discussion among three of us about some trivial stuff. Her mother decided to go back to her home which is 3 hour of driving the following day. I told my wife to stay in our apartment and I am ready to help her and our son. She did not say yes or no. The following evening when I came home, my wife already took our son to her parent home without giving me any notification. I knew that her mother had recommended her to leave my apartment. My wife's brother drove them to their home. Although they were safe, the fact is she decided to go with our infant without my consent under the influence of her mother has worried me. I am worried about the safety of my son.

In case something happens to my son or my wife such as a car accident that caused my child's death, am I legally affected given the fact my wife's mental and physical conditions are not stable? Could or should I do something to legally re-inforce that she needs my prior consent for such an action in the near future?

Any advice is appreciated.

Andy


Asked on 5/26/11, 1:50 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Since you are married to one another, you are liable for each others debts during the marriage. Conseqently, you must be certain that you are both fully licensed and insured while driving any automobile if you are worried about you wife getting into an accident. Both of you should have proper child restraints in any car used to transport the child.

The more pressing concern seems to be getting control over custody and contact with your child. It seems obvious that if your marital relationship is at its end, you should file a petition for divorce and a motion to establish custody and visitation.

Read more
Answered on 5/26/11, 2:27 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California