California | Family Law
Legal Question
Permanent resident wife, American daughter
I am an American citizen, and have a stable job and income. My wife, from South Korea, just received her permanent residency in the U.S., has been in the states less than 2 years, is a graduate student, and does not have a job or any income. We have been married a year. We also have a 6-month old daughter, born here in California. My wife and I have our problems that we are working out, so I do not want to consider a divorce. But, if we do go down that path, my questions are as follows:
1. Who get's custody of our daughter? Since my daughter and I are U.S. citizens, and my wife is not, do I get custody? I am the only one with an income and can provide for my daughter, and have family who can help me care for my daughter; my wife does not have a job here and cannot provide for her I think. There is one catch: our daughter is right now being cared for by my wife's parents in South Korea since I work full time and my wife goes to school. If I have custody, how can I force them to return my daughter?
2. Do I need to support my wife (alimony, etc.) forever, whether or not she gets custody of our daughter?
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