Legal Question in Family Law in California
My wife & I have been married for nearly 14 years now. We have 2 boys (a 3 1/2 year old & a 7 month old). I have been a 100% stay at home father since day one. My wife works full time & has the benifits for the family. Recently my wife has been very firm in wanting to move back to her native Hungary (she seems homesick). She is trying to talk me into agreeing with her & that we shoul all move there. I am very much against it & do not feel comfortable with that arangement (I lived there for 5 years prior to our marriage...thats where we met & got married). If she remains stuborn & things get as ugly as maybe even a divorce, what are my rights as far as the kids are? If we divorce, is it automatically a rule that the mother decides whats best & where the kids will be living? Like I said, I am now & have been 100% home with them. I am self employed & do work from home (when I have time). I feel as though I am in bit of a pickle.... Please help!! I just want to know my rights as a father & my options.
1 Answer from Attorneys
There are no automatic rights and rules in regards to children and family law. Every case is different and depends on the individual facts of the case. For your case, you should consider whether there is any kidnapping or flight risks, if you suspect such you should agree to keep the passports in a safe place so no parent can take them without the other parent. Usually if there is a filing for divorce then the kids and all the property need to stay put while the courts decide what to do. Then it would be up to the courts to decide who has custody and where the children would live. A move to hungary would be probably disruptive to the children since they were raised in the US.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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