QUESTION
Wife is threatening to leave w/ kids if I don't move out
Asked on Apr 29th, 2014 on Family Law - California
More details to this question:
I've asked my wife to go to counseling 3 times, but she refuses and last weekend told me that if I'm unhappy I should move out. She said if I don't, she's leaving and taking the kids with her. Can she do that legally? I'm the sole breadwinner, so if I do move out I'd have to rent a place (not cheap in the Bay Area) and I'm worried that it would also affect my custody rights.
1 ANSWER
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In this type of circumstance, it is best to get legal advice so you understand your legal rights & options.
If she leaves with the children, she must tell you where she will be living. If you feel that she is behaving unreasonably, you can file an 'ex parte' (emergency) order to address child custody, visitation and support.
Normally, in this type of situation, you would file for divorce and then file a Request for Order to address child custody, visitation and support as well as spousal support.
Answered on Apr 29th, 2014 at 8:05 PM