What can I do after my wife left? 6 Answers as of April 12, 2011

My wife has left me and wants nothing to do with me, she has our 2 children with her and is doing what ever she can to keep me away from them she wants a divorce. At this point she wont speak to me, since i stopped giving her money. I deliver about $100 of food n necessities 3 to 4 times a month, im paying bout $580 pmonth on health and dental ins, and bout 2 to 4 hundred in medical out of pocket expenses. I really need to be with my kids . What can i do? Should i start paying child support? and i fear she will flee to Mexico with my children. Please let me know what i can & cant do in my situation.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should retain an experienced Family Law Attorney to represent you, to file an Action for Dissolution of Marriage (Divorce), and to file an Order to Show Cause for child custody and visitation, among other things. You should be supporting your children,your wife will likely seek orders for child support from you, and Child Support will likely be ordered retroactive to the date of the filing of the Petition for Dissolution of Marriage. The reverse side of the Summons in the Divorce case contains restraining orders restraining both parties from removing the children from the state of California. If you fear that your wife may remove the children to Mexico, you should discuss that fear and the factual basis for your fear with the Family Law Attorney to determine whether an Ex Parte Application may be appropriate to deal with that risk.
Answer Applies to: California
Replied: 4/12/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You should file for dissolution and request that the court make orders for custody, visitation and support. Please contact our office so that we may better assist you in this matter.
Answer Applies to: California
Replied: 4/12/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If your wife wants a divorce, and assuming she files a divorce petition with the court, then there is nothing you can do to stop the divorce from happening. However, if during the divorce process (or at anytime) she refuses to allow you and your children to spend time together, then you need to immediately file a custody motion with the court requesting a visitation schedule. Visitation has nothing to do with whether or not you are paying child or spousal support. Visitation is based on the children's "best interests," which of course their best interests are served by spending time with both parents.

If you are afraid that your wife will take the children out of the country against your wishes, then you can obtain appropriate orders preventing any out of country travel without your consent as part of your custody/visitation motion. In fact, once the divorce petition is filed with the court, there are automatic restraining orders preventing the "Petitioner" from taking the children out of state without the other spouse's permission. Such restraining order is effective on the "Respondent" once that person is "served" with the divorce petition. It would be best for you to call a local family law lawyer right away to discuss your options. I would advise you to take immediate remedial action. Good luck!
Answer Applies to: California
Replied: 4/12/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
You need to file the divorce and serve here immediately. This will activate automatic restraining orders making it illegal for you to leave the state with the kids. You also need to file an Order to Show Cause to establish Orders for visitation. You and your children need to see each other more regularly. Get an attorney if at all possible.
Answer Applies to: California
Replied: 4/12/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
At this point, your best option is probably to file for divorce and file a motion for custody and visitation orders. She will likely file her own motion for support, but that is her right to do so. In the meantime, you have orders in place to guarantee you time with the children. You might wish to go in on an emergency if you fear child abduction. If you are looking for an attorney and are in my area, please contact me for a free consultation.
Answer Applies to: California
Replied: 4/12/2011
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