Legal Question in Family Law in California

child custody

my husband has left me and my 7 month old baby. he says that he will pay my rent for 1 year only, and will only pay child support thereafter.if i decide to go through the courts, for child support and alamony, he threatns that the courts would agree to give him joint custody even if he decides to move out of state. he says he wants 2 weeks out of the month. i say my baby is to young and needs more stability than that. would he be granted to take my newborn out of state


Asked on 9/09/02, 3:37 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: child custody

Your husband is correct that he would have joint custody, but that doesn't mean what he says it means. In means that he would have input into the child's education and medical care. A seven month old needs to be with the primary caretaker the vast majority of the time. He probably would have frequent short periods of visitation, but nothing near 50% of the time. On the financial issues more information is needed. You should talk to an attorney about your rights, you could be giving up many of your rights by delaying. Good Luck, Pat McCrary

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Answered on 9/09/02, 4:44 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: child custody

If you mean that your husband wants 2 weeks visitation per month, for a child this young, this in inappropriate. He is obligated to pay child support and spousal support now, which may be more than your monthly rent. Usually a spouse is entitled to support to maintain the standard of living enjoyed during marriage until their income from his or her own employment increases. Spousal support usually does not last a lifetime however, and is usually limited to one half of the length of the marriage. You would be well served by obtaining representation. This is a matter for which an experienced hand in legal strategy in needed. Don't try to go through this by yourself, get the results that you deserve. Please call me directly at (619)222-3504

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Answered on 9/10/02, 12:57 pm


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