Question by DavidG: 2 Weeks after move to another state wife left and took kids can she do this?
Everything was going great (or so I thought) we werent fighting and there was no tension (again so I thought) We decided to move to California from Arizona and so we did, when we got here she expressed she wanted to go visit her family up in kern county (we moved to San Diego County) so I said it sounded like a great idea and she took the kids with her. She was gone for 2 weeks and then came back…3 days later after 7 years of marriage all of a sudden she didnt “love me” anymore and was moving to kern county to live with her parents…she took both of my kids with her and is now saying that she wants a divorce giving me the typical bullshit line “Oh its not you its me” suprise suprise…anyway she has taken my kids away now i never get to see them cause im struggling to hold down my job and a place to stay and she’s going to throw down a divorce and then child support and possibly alamony will be tagged on me…I dont know what to do ive never been abusive neither physically or verbally to either her or the children, can she really take my kids to a different county and leave me with the bill?
Best answer:
Answer by monie
Don’t pretend to be shocked about what your wife did, I doubt you were shocked that she is done with the marriage. I notice that your biggest concern is alimony and child support, may her leaving was for the best. Talk to your wife and find out what her intentions are as far as visitation and child support.
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Yeah she can do it, did it, set you up with a carefully planned fait accompli evidently. It’s a done deal.
You can go to Family Court (no lawyer needed/no cost) and file for Joint Custody. Bring the children’s birth certificates if you have them.
Explain your story. They will help you write what you need. There will be a court date and she will have to come.
Also tell them that the kids were supposed to be in school where you live and you don’t know if they are going or not.
I think you’ve got your priorities in disarray.Not really concern about your family but finances
the sooner you file for divorce and ask for joint custody the better off you will be. if you wait until she establishes residency in the state where she moved and she files there she will be ahead of you. I don’t know how long you have to live in a state before you can file for divorce, as difference states require that you live in that state a certain amount of time. but if you meet the requirements i would file asap. sounds like she has another man, and you don’t have to do anything wrong to a spouse when they want to divorce you. I would get the advice of an attorney so you will know what your rights are.
The question you ask doesn’t appear to be the information you actually want. California is a no fault state, which means she can file for divorce for any reason, no abuse necessary. Either parent may take the children wherever they want until a divorce is filed, so yes she can move. However, as an attorney who practices in San Diego I can tell you, the judges don’t like it. To file for divorce in ANY county in California you must have residency. You must have lived in the State for 6 months and county for 3 months. As for leaving you with the bill, your question is not clear.
Based on the information in your question, she can’t file in Kern County because she can’t meet the residency requirements there, yet. Though, I suppose she can lie. To get detailed legal advice and information you can either go down to the local San Diego Court house and meet with the facilitator, it is free; or you can get a consult with a local attorney. Whichever you do, do it soon so you can keep the case here in San Diego. To find out which Courthouse you should go to you can go to my website and search proper venues by zip code. http://www.FamilyLegalEase.com