How do I keep my wife from taking my daughter and everything I have? 12 Answers as of June 14, 2013

California

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Dan Peelman | Dan Peelman
You should consider filing a dissolution action and a request for temporary orders (order to show cause).
Answer Applies to: California
Replied: 6/27/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
File a Divorce case and have it served on your wife. The reverse side of the Summons contains automatic Temporary Restraining Orders which are effective against your wife upon service. Given the nature and content of your question, you would best retain an experienced Family Law Attorney to represent you in your divorce.
Answer Applies to: California
Replied: 6/26/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You need to file for custody. If she is planning on leaving, you need to file for custody and fight so she cannot take your daughter.
Answer Applies to: California
Replied: 6/26/2012
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Obtain custody and visitation orders.
Answer Applies to: California
Replied: 6/26/2012
Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
You do not supply enough information to provide a complete answer. Your wife cannot take everything meaning property, assets etc. If she has filed for divorce the court will divide the marital property equally between you. California presumes joint custody unless it is shown not to be in the best interest of the child. If your wife has moved out of the home but has not filed and it is your intention to end the marriage, you may file a Petition and have the papers personally served on your spouse. There are temporary restraining orders issued in those papers which apply to both parties that provide that the child may not be removed from the state as well as restraints against borrowing, selling, giving away etc., property and assets until after there is a court order.
Answer Applies to: California
Replied: 6/25/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Hire an attorney.
    Answer Applies to: California
    Replied: 6/14/2013
    Steven Alpers | Steven Alpers
    You will have to file a petition for dissolution of marriage. You will have to ask for oreders about custody, visitation and division of community property.
    Answer Applies to: California
    Replied: 6/25/2012
    Attorney At Law | Harry D. Roth
    Melodrama aside, what you need to do is to take action and fully participate in the court process. No spouse gets "everything". Yes, it may feel like everything. Divorce hurts and losing the opportunity to be with your child at any moment you are not at work is a huge hurt, but it is not everything. Don't wait for her to take care of the paperwork or get the drop on you with custody. Get going. Take the initiative. Get into court quickly. Be direct and truthful with the judge and the mediator. Be assertive of your rights and say over and over again how much your child needs you (not the other way around) but never lose sight of the fact that this is not about you. Act like an adult. Accept that you are not going to get everything you want, and neither is she. Don't say anything to your wife that you would not like recorded and played back to the judge in court (or to your mother). Don't write an email that you do not want shown to the judge (or your mother). Don't badmouth your wife to anyone, but especially never, ever to your child. (And remember that this is the woman whom you loved and who bore you a child and that much is forever, even if the relationship is not.) Don't withhold money from your wife to punish her; it is also punishing the child. This is not an easy road down which you are about to go, but this, too, shall pass.
    Answer Applies to: California
    Replied: 6/25/2012
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    This is a very general and vague question, but let me explain generally how family law works in California. Everything acquired during marriage is considered community property, so you each will get one half of all the assets acquired during the marriage. That means she can't take "everything." As far as spousal support, if you have a higher income or she does not have nay income, you will likely be required to pay spousal support, but if she has a higher income than you, or you have no income, she may be required to pay your spousal support. Child support will depend on each of your income levels and the amount of time each of you spends with the daughter. As far as who will end up with custody, you want to make sure you are present and active in your daughter's life, and a positive influence. Your wife will not be able to "take" your daughter from you as far as denying you any time with your daughter. The Court will make sure both parents have ongoing and constant contact with the minor child.
    Answer Applies to: California
    Replied: 6/25/2012
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    Hire an attorney to represent you in court. You should file soon so that the California has jurisdiction if she is talking about taking your daughter out of state.
    Answer Applies to: California
    Replied: 6/25/2012
    Peyton and Associates | Barbara Peyton
    If you haven't done so already, find and talk to an attorney you feel comfortable with. if you feel as exposed as your email suggests you will need the help of an attorney.. Don't think that just going along will work. It won't and you'll be very disappointed.
    Answer Applies to: California
    Replied: 6/25/2012
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney