QUESTION

Can my wife get more than 50% authority of my kids or kick me out of my rental house?

Asked on Nov 16th, 2012 on Divorce - California
More details to this question:
My wife recently left me and took the kids with her to her parentโ€™s house. Her idea of fair is that she moves back into my (previously ours) rental house with the kids. All of her family lives in town and I have no family and I cannot afford to move anywhere else, nor do I feel like I should. She has now filed for dissolution of marriage and hired an attorney. I just received the papers in the mail. She has filed for a motion of temporary orders on all of the check boxes, allocation of parental responsibilities, parenting time, child support, maintenance, possession/use of property and residence, responsibility for payment of debts, insurance coverage both medical and dental. She has not defined to what extent she wants on the temporary motion though. We have been married 12 years and I have been a good husband and father of our two young children. She has never worked over our marriage until the last six months. My business failed and I need to file bankruptcy. She is actually making more money than I am at this moment. Will the courts allow her to 1) have my kids more than 50% of the time? 2) Is she able to get more than 50% parental decision making? 3) Is she able to make me move out of rental house even though I cannot afford another place to live? 4) Can she get alimony from me at this point? 5) If I do get the kids 50% of the time, am I entitled to pay child support or is this cost split since we should have 50% / 50%? 6) The date for the temporary orders hearing is in two weeks. Does it make sense for me to go unrepresented to see what she is asking for and then determine if I need to borrow money from family for an attorney? Thank you so much for your help!
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9 ANSWERS

Steven D. Dunnings
You need to hire an attorney now.
Answered on Apr 30th, 2013 at 10:20 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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You need to hire an attorney. No, she cannot kick you out of a house that you both own, and if she is making more than you currently, then you would not have to pay her any alimony. As for time sharing with the children and parental responsibility, there are many factors involved in determining who has what. However, Father's frequently receive equal time and equal parental responsibility. As stated though, you need to discuss your potential rights and options with an attorney, and then retain one to assist you in protecting those rights.
Answered on Nov 20th, 2012 at 4:52 AM

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You should not go to that hearing without an attorney if you can avoid it. At a hearing for temporary orders, the court can grant all of the requests your wife is asking for, including temporary custody of the children, an order requiring you to make payments on all of your debt, and for you to move out of your home. By hiring an attorney, you can file a proper response and request the court deny her requests.
Answered on Nov 20th, 2012 at 4:44 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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It isn't possible to answer your questions because, if you and your wife cannot agree to what is fair and reasonable for the temporary orders, a judge will have to decide after considering all the relevant information. There no simple, arbitrary rules. You should at the very least consult an attorney who can spend enough time to discuss the situation with you and explain the general principles that will be followed by the judge in reaching decisions.
Answered on Nov 20th, 2012 at 4:40 AM

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Dennis P. Mikko
At the hearing on her temporary motions, the court will make decisions that will be in place until a final settlement is reached. You should be represented by an attorney at that hearing. Without proper representation, it is likely that she and her attorney could convince the court to grant her motions. Prior to the hearing, you should respond to each of the motions that she has filed. This allows the court to see your position prior to the hearing. Your attorney can help you with this. In light of your financial situation, you should argue that you cannot afford to move and since she is making more money than you that you, not her should be awarded temporary spousal support. As for custody and parenting time, if both of you have been active in the childrens' lives, you should be seeking joint legal and physical custody with equally parenting time. Again, the time to obtain an attorney is now, not after the hearing.
Answered on Nov 20th, 2012 at 4:18 AM

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You need an attorney. Perhaps you could hire an attorney temporarily or Limited Scope to get through this first part. They seem to have thrown everything at you.
Answered on Nov 20th, 2012 at 4:13 AM

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If your wife has hired an attorney and filed for divorce, you should consult with an attorney as well. You will want to make sure your rights and interests are protected and that you receive the best outcome based on the facts of your case. An attorney will negotiate a resolution including all custody and support issues.
Answered on Nov 20th, 2012 at 4:12 AM

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My suggestion is that you, very quickly, get your own attorney to protect you and get what you deserve.
Answered on Nov 20th, 2012 at 4:06 AM

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You should hire an attorney to help you. Going unrepresented would be a mistake as temporary orders will be made at the hearing.
Answered on Nov 20th, 2012 at 4:04 AM

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