How can I retain custody of my children in California? 8 Answers as of January 21, 2011

My wife and I have been married since 2002 and we have two children 8 and 5 year old. She kicked me out of the house and now wants to keep the kids. She is not a US citizen and cannot become one. My kids and I are born and raised in California. What should I do?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Hire an family law attorney and get into court as fast as possible.
Answer Applies to: California
Replied: 1/21/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If you and your wife cannot agree on custody and visitation, then you need to get a court order. The process of obtaining custody/visitation orders can be adequately explained in a few sentences. You should call a local family law lawyer to discuss your options in detail, including the process to obtain proper orders.
Answer Applies to: California
Replied: 1/20/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Depending on how long ago she kicked you out, perhaps you should return to the house with the police in tow. If divorce appears to be the next step, then filing and seeking an immediate custody order would likely be an appropriate action to take. Keep in mind, I usually spend about an hour with a prospective new client getting all details about the issue before coming up with a plan of action. So, it is best to consult with an attorney in person to determine what is best for you. If you have any further questions, please let me know.
Answer Applies to: California
Replied: 1/19/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
You can file for divorce, and request custody of the children. You may also be able to regain occupancy of the home unless a restraining order was placed against you. You may telephone me to discuss the details in full.
Answer Applies to: California
Replied: 1/19/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should meet and consult with a Family Law Attorney, without delay, to file a Divorce case and an Order to Show Cause regarding Child Custody and Visitation. The fact that your wife isn't a citizen and cannot become one will likely not be important in a divorce case. The quality and quantity of parenting by each parent are the primary factors that apply in a Child Custody case.
Answer Applies to: California
Replied: 1/19/2011
    Pisarra and Grist
    Pisarra and Grist | David T. Pisarra
    You need to have a custody lawyer speak to you. This case requires an in person discussion. Generally you're going to lose since she kicked you out of the house - I'm assuming it was a Domestic Violence charge. Those are deadly in custody cases unless you hire a good lawyer to fight them.

    Check out my website for my books on child custody and domestic violence. A MAN'S GUIDE TO DIVORCE STRATEGY and A MAN'S GUIDE TO DOMESTIC VIOLENCE are available on Amazon and Barnes and Noble, also as ebooks on my website. Good luck.
    Answer Applies to: California
    Replied: 1/19/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    If you are planning on filing for a divorce or legal separation, you should proceed and request custody orders by filing an Order to Show Cause for child custody. Also, unless she has a restraining order, she may not be able to "kick" you out of the office. Consider consulting with an attorney regarding all your options and how to proceed.
    Answer Applies to: California
    Replied: 1/19/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    You need to file a Petition for Dissolution of Marriage ASAP. At the same time you also need to file an Order to Show Cause requesting custody of the children. You cannot stay out of the house and let mom have all the time with the children for any length of time and still expect the court to think you want custody. Make sure you are getting or at least asking for time with the kids every day.

    This is a tough road and you would be wise to hire an attorney if at all possible.
    Answer Applies to: California
    Replied: 1/19/2011
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