Legal Question in Family Law in California
I was married and we separated after a year of marriage. We have been separated for about a year now and I was served papers by my ex husband. In the papers he is seeking spousal support, and not sure what the guidelines would be since we were only together a year. He is going after equity on a house I purchased before we married, he is seeking my retirement from my job also. I am just wondering if he should be able to ask for all this after a year of marriage. We also have a 2 year old child together and his visitation has be on average 2-3 days a week and the days vary every week based on his work schedule. He now wants 3.5 days a week to make it 50/50. I want him to co parent with me but he works nights and lives with his parents. On the days he has our daughter he sleeps all day due to the father working nights and she spends the day with the grand parents. He deserves to see his daughter but I don't see the point of her not being with me and he sleeps all day then works all night. I am just wondering what my options are. We have court in less then a month. Thank you
2 Answers from Attorneys
Developing the proper parenting plan for the children has everything to do with their best interests. The most appropriate approach would be to participate in coparenting counseling and try and work out your differences there or through mediation before you go to court. As to the property division, more information is needed on the issue concerning the house. Please meet with an experienced family law attorney to explore your legal options.
I agree you really need to discuss this with an attorney. Without a lot of facts It seems to me that he may be asking for too much for only a year...
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