What can I do to ensure that my rights are protected in my divorce? 7 Answers as of February 21, 2011

I am married to my wife for 5 years and we go a baby 7 months old. Our relationship is not working out. I got married to her overseas. And I filed I-751 for her and she has got the green card. Now she is warning me that as soon as she will be the citizen of USA she will divorce me and take my baby way from me, put me to jail, take all my money and house. Please advise me what should I do in this case because I am really worried about my baby. Thank you.

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Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
If you think she will attempt to follow through on her threats, then you can act first and file for divorce. Seek immediate orders regarding child custody/visitation. Know that because of the age of the child, many judges tend to award primary custody to the mother. Also, depending on where you are living, and the income of both parties, she can seek support, etc. It's not easy, but at least you'd be taking the lead.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Hire a family law attorney and seek custody now
Answer Applies to: California
Replied: 2/21/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Threats like is are common in divorce proceedings (or pre-divorce, as is your case). The legislature of California has stated that in the absence of other factors, a 50-50 timeshare between the parties is best for the children, so it is unlikely that you would lose all contact with your children. The court will be charged with determining an order which is in their best interests. Also, threats of putting you in jail are common but for what? Finally, California is a community property state, so each party gets 50% of the assets and debts. That means she doesn't get all the money and the house, unless you get other property to make up for the value of what she gets (which is unlikely). If you would like to pursue a divorce action at this time, please contact me for a free consultation.
Answer Applies to: California
Replied: 2/21/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
You need to obtain court orders that prohibit the mother from taking your child out of the State of California without your WRITTEN NOTARIZED signature, or order of the court. Also, if the child has a passport, that needs to be taken away from your wife, and kept under strict control of the court. If you fail to do this there is absolutely no prohibition from her taking your child out of the Country. Depending which Country she goes to, it could be impossible to have your child returned. Just hearing this tells me you should be in court Monday morning!
Answer Applies to: California
Replied: 2/21/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You should hire an attorney and seek advice about your divorce.
Answer Applies to: California
Replied: 2/21/2011
    Saddleback Law Center
    Saddleback Law Center | Paris Kalor
    I need more information. Please call me so I can give you a better advice! The phone consultations is free, so you have nothing to lose.
    Answer Applies to: California
    Replied: 2/18/2011
    Pisarra and Grist
    Pisarra and Grist | David T. Pisarra
    You should IMMEDIATELY read my books to get a thorough understanding of what she is going to do.

    They were written specifically for men in your position - Guys who are going to be divorced soon. I suggest you read my books, A MAN'S GUIDE TO CHILD CUSTODY and A MAN'S GUIDE TO DIVORCE STRATEGY. Also I have a new book, A MAN'S GUIDE TO DOMESTIC VIOLENCE which is crucial you read to understand restraining orders are used in child custody cases.
    Answer Applies to: California
    Replied: 2/18/2011
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