Legal Question in Family Law in California

I had filed for divorce and going thru the process, my wife called the police on me, and forcefully took our 2 year old son away from me and went over to her sisters house, where she stayed for the next 2 months. After some court appearances and discussion with my wife, we decided to try and reconcile and went back to the court to close the case.

After doing so, we immediately moved in to a 2 story townhome. The situation of our marriage has not changed, even after 7 month marriage class/counseling, church. We have even gone to a psych to let out our problems, and see what can be worked out. Unfortunately, we cannot continue this marriage and I am asking today, I am going to separate from my wife, however this time...I am taking our son with me. As I am the sole provider, and have the means for child care within my family. I have the townhouse, so I wanted to kick her out. She can always go to her sisters house. Since I am the father, Am I within my rights to take my son, just as she would be?

And if so, I could file for Child Support against her as well? Any info you could share would be helpful.

Sincerely,

SB


Asked on 10/25/10, 12:48 pm

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

Since there are no orders in effect, you have as much right to take your son as your wife does. However, when you file your Petition for Dissolution, you should file an Order to Show Cause regarding custody, visitation and support. This way, the Court can make orders and you don't look as though you're keeping your son from his mother.

With regard to child support, just because you have primary custody doesn't mean you automatically get support from her. The Court will calculate child support based on both parties income, timeshare with the child and other factors. You can go to www.childsup.ca.gov to see what you would receive or pay in child support.

Good Luck.

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Answered on 10/30/10, 2:04 pm


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