Legal Question in Family Law in California
My wife currently resides in AZ where we were raising our 2 kids. She decided that I was no longer worthy and kicked me out. I moved to CA because I had no where else to go and all of my family is here. I am unemployed at the moment and when I lived in AZ I managed to provide for my family with odd jobs and such. I also was the one who looked after our children the majority of the time (she worked, and now she is unemployed). We are still legally married, and have not filed for separation or divorce. I went to AZ to see my children and wife to try and work things out and she was in bed with another man. I did not react in way to get me in trouble. Also, she currently has a boyfriend, invites him into our home, sends our kids to the pool (ages 9 adnd 7) and tells them not to return until a certain time or sends them to thier room and tells them not to come until she says so (until boyfriend leaves). My children are not being looked after properly and my children have voiced thier sadness and confusion. She is not allowing me to see my kids as much as I or my kids would like. She holds them against me and when I did finally get to see them (had them for a week in CA) she came a day early to pick them up. We agreed on Saturday and she came Friday, unannounced. No notice at all. My kids were torn and crying. they didnt want to leave. I'm a broken man, and I am trying to get my finances and new life in order so that I can support my children. QUESTION: she wants to file for child support now, we are still married, she lives in AZ, im unemployed, shes unemployed, I was the sole provider during our 10years of marriage, she was in the Air Force and went away out of the country and I raised our 2nd child alone with the help from family. My question is ... do i have a good case here? How should go about this so that I'm not ripped apart from my kids and have my rights as a father with visitation?
2 Answers from Attorneys
You need to go back to Arizona and get advice about how to proceed from an attorney licensed in Arizona. California law and advice from California attorneys will not be of much help.
If the children have been residing long enough in Arizona for them to be considered in their home state, you should pursue the custody and visitation request in that jurisdiction. Please consult an experienced Arizona family law attorney to explore your legal options.
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