Legal Question in Family Law in California
Legal Seperation
I want to know in order to get a legal seperation, do both parties have to sign and agree for the seperation. my problem is my spouse is a gambler with a serious problem. But they will not sign. I risk losing my child because my spouse has left the child unattended for hours at at a time i'm in the military, and i found my child alone. She leaves for days she is pregnant and i have to find her traviling from casino to casino. The legal dept. says she has to sign these papers. she'll ask people to watch her including my parents, and people i dont know they she does't come back until i go looking for her.And now i'm afraid they will take my daughter from me including the new one due in 1 week. I want to give my parents parental rights but then again she will not sign the papers.Please tell me what i can do to legally to seperate, the military will kick me out if i don't get this resolved. They had to fly me in yesterday my ship was out to sea, because she left my daughter with a person i don't really know and didn't return. so my family drove here which is over 2 hrs. away to get my daughter.
1 Answer from Attorneys
Re: Legal Seperation
You can file for a legal separation. You might have to be careful to protect your rights to your military pension.
She does not have to sign anything; you will have to serve her, however.
Depending on the facts, you might be able to get an order for sole physical and legal custody and an order that your parents can share custodial duties when you are not available. There would be a question of the mother's lack of fitness.
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