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Divorce, Alimony, Child Custody

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darouter

Junior Member
What is the name of your state (only U.S. law)? CA

Wife moved 450 miles away, same state, left me and my 8 year old son, to find "True Love." She was a stay at home Mom for 7 years. She was making about 40k a year before. I am now making about 75k a year.

She left at the end of December for 2 weeks and came back for a month and has been up there since. She met a man 2 weeks after being up there the second time and that is her new life. She has been staying with her Aunt and Uncle up there. They told her she has 3 weeks to move out and find a place to live as she is a 33 year old woman. I am 37. We were married for almost 9 years. Nothing has been filed yet. She now has a job at a vets office making 1600 a month.

So here are my questions. If nothing is filed will the date that she left be used or will the filing date? I know the 10 year mark is important. She doesn't want our son because she doesn't want to take him away from me. Yeah right. She had him for a couple of days but tried to meet earlier because it cramped her new life with the guy. We agreed that our son would not meet any significant others. I think the fact that she moved 450 miles away would automatically give me custody. I am a good father and all our family and friends are here. She says that she doesn't want anything from me except to pay her car payment of 410 per month.

Would I be subject to pay alimony and/or child support in this scenario. Is it wrong for me to wait. She has been honest to this point. She is just really messed up.

Thanks...
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? CA

Wife moved 450 miles away, same state, left me and my 8 year old son, to find "True Love." She was a stay at home Mom for 7 years. She was making about 40k a year before. I am now making about 75k a year.

She left at the end of December for 2 weeks and came back for a month and has been up there since. She met a man 2 weeks after being up there the second time and that is her new life. She has been staying with her Aunt and Uncle up there. They told her she has 3 weeks to move out and find a place to live as she is a 33 year old woman. I am 37. We were married for almost 9 years. Nothing has been filed yet. She now has a job at a vets office making 1600 a month.

So here are my questions. If nothing is filed will the date that she left be used or will the filing date? I know the 10 year mark is important. She doesn't want our son because she doesn't want to take him away from me. Yeah right. She had him for a couple of days but tried to meet earlier because it cramped her new life with the guy. We agreed that our son would not meet any significant others. I think the fact that she moved 450 miles away would automatically give me custody. I am a good father and all our family and friends are here. She says that she doesn't want anything from me except to pay her car payment of 410 per month.

Would I be subject to pay alimony and/or child support in this scenario. Is it wrong for me to wait. She has been honest to this point. She is just really messed up.

Thanks...
Nothing is automatic. Don't "think" legal things -- KNOW! :) CA has some self-help centers in the county courthouses, call and find out if yours does. If not, go to the next county.

If I were you, I'd file INSTANTLY on Monday morning. I'd request primary physical custody, joint legal, visitation schedule for Mom, and ask for child support.

Wait, and Mom might be doing the exact same to you.
 

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