how to handle these situations?

[bluesky368]

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



My company plans to assign me to a position in CA and stay in CA permanently. I want to know the possible consequences if I have the following situations

1. If my wife allows me to bring my kids to CA and live with me and she continues to live in IL, I want to know if my chance to have primary custody will be better if I file a divorce in CA.

2. If my wife doesn't allow me to bring my kids to CA and she lives with them in IL and I work and live in CA alone, I want to know if I have less or no chance to have primary custody to bring the kids to CA and I will be in passive situation if I file a divorce in CA or she files a divorce in IL

3. For stay how long to establish CA residence in order to file a divorce?

4. If filing a divorce in IL, I want to know if the kids cannot relocate to other states and cannot leave IL. If one of us is rewarded primary custody in IL or CA, each time I go out of IL or CA with kids, I have to get permission from court and other party to approve?

5. If I file a divorce in CA, the custody issue and alimony issue are calculated on CA law or IL law?

6. If I file a divorce in CA, do I need one attorney in CA and one attorney in IL, or just one attorney in IL or just one attorney in CA? how to handle this cross state divorce and custody issue?


Please advice

 

[Proserpina]

Who has been the primary caregiver to the children?

In other words, have you worked and Mom remained SAHM for example?

 

[bluesky368]

Both of us works. I have flexible working hours with higher salary than my wife. I think if I move to CA, I will be the caregiver to my kids. If they stay in IL with Mom, I think Mom will be the caregiver to the kids. I don't know the Judge will believe Dad is still the caregiver if the kids live with Mom IL and Dad work in CA, correct?

 

[mistoffolees]

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



My company plans to assign me to a position in CA and stay in CA permanently. I want to know the possible consequences if I have the following situations

1. If my wife allows me to bring my kids to CA and live with me and she continues to live in IL, I want to know if my chance to have primary custody will be better if I file a divorce in CA.

If your wife is in agreement, it won't matter - either court is likely to approve whatever the two of you agree with.

HOWEVER, note that CA is more alimony friendly than many states.

2. If my wife doesn't allow me to bring my kids to CA and she lives with them in IL and I work and live in CA alone, I want to know if I have less or no chance to have primary custody to bring the kids to CA and I will be in passive situation if I file a divorce in CA or she files a divorce in IL

It's probably not going to matter. The kids live in IL and if Mom is fit and doesn't want the kids to leave, it is unlikely that the court will order them to leave. The only exception would be if you were the primary caregiver and Mom hardly spent any time with them.

3. For stay how long to establish CA residence in order to file a divorce?

Typically 6 months. However, if the initial determination is in IL, it stays there - you can't simply move it to CA after you've been there 6 months.

4. If filing a divorce in IL, I want to know if the kids cannot relocate to other states and cannot leave IL. If one of us is rewarded primary custody in IL or CA, each time I go out of IL or CA with kids, I have to get permission from court and other party to approve?

In general, if the custodial parent wants to leave the state with the kids, they need the court's approval. If the parents agree, that's easy to get. If the parents don't agree, then the moving parent would need to demonstrate that it's in the kids' best interests.

5. If I file a divorce in CA, the custody issue and alimony issue are calculated on CA law or IL law?

If you file in CA, then CA would decide based on CA rules. However, if you move, don't be surprised if Mom files in IL before you establish residency.

6. If I file a divorce in CA, do I need one attorney in CA and one attorney in IL, or just one attorney in IL or just one attorney in CA? how to handle this cross state divorce and custody issue?


Please advice

If you file in CA, you will probably need just a CA attorney. If Mom challenges jurisdiction and files in IL, you would, of course, need an IL attorney, as well.

In general, it's going to be easier and less disruptive if you get things settled before you leave.

 

[bluesky368]

If you file in CA, then CA would decide based on CA rules. However, if you move, don't be surprised if Mom files in IL before you establish residency.

What if my wife file a divorce after I establish CA residence, it's still based on IL law?

What if I have my kids to CA and file a divorce in CA before I establish CA residence, it's still based on IL law?


Can I do this way? I live in CA and file a divorce in IL or not in CA? If so, I have to travel to IL for all scheduled court sessions from CA. can my IL attorney represent me without my showing up for each session in IL court?

 

[bluesky368]

Can I do this way? I live in CA and have CA residency. can I file a divorce in IL and not in CA? If so, I have to travel to IL for all scheduled court sessions from CA. can my IL attorney represent me without my showing up for each session in IL court?

 

[mistoffolees]

What if my wife file a divorce after I establish CA residence, it's still based on IL law?

Yes. She would file in IL and IL would have jurisdiction.

What if I have my kids to CA and file a divorce in CA before I establish CA residence, it's still based on IL law?

You can't file in CA until you've established residency there. More importantly, the KIDS must have residency there, as well if you want the court to determine custody.

If you move to CA with the kids, Mom will have at least 6 months to file in IL.

Can I do this way? I live in CA and file a divorce in IL or not in CA? If so, I have to travel to IL for all scheduled court sessions from CA. can my IL attorney represent me without my showing up for each session in IL court?

You can do that. The court can order the kids to be returned to IL.

Look, there really aren't any short cuts. Instead of dreaming up 50,000 scenarios, you should really do what I said before - and get it settled before leaving.

Or spend some time reading different threads here to see how it works.

 

[bluesky368]

>>>>and get it settled before leaving.

Ok, If I get it settled before leaving in IL and I have my primary custody, but I cannot bring the kids with me to CA for work relocation, correct? That means I have to give up the job chance in CA and stay in IL forever.

 

[mistoffolees]

>>>>and get it settled before leaving.

Ok, If I get it settled before leaving in IL and I have my primary custody, but I cannot bring the kids with me to CA for work relocation, correct? That means I have to give up the job chance in CA and stay in IL forever.

Not necessarily. If you can get Mom's permission, you can submit a stipulation to the court that would allow you to take the kids to CA.

Or, if Mom won't agree, you have a chance to prove to the IL court that it's in the kids' best interests to relocate.

 

[bluesky368]

>>>>>Or, if Mom won't agree, you have a chance to prove to the IL court that >>>>it's in the kids' best interests to relocate.

I guess the court will most probably turn down my request to CA with kids because one of the strongest reason is kids need Mom too. The court will probably think this is best interest to them.

 

[Proserpina]

>>>>>Or, if Mom won't agree, you have a chance to prove to the IL court that >>>>it's in the kids' best interests to relocate.

I guess the court will most probably turn down my request to CA with kids because one of the strongest reason is kids need Mom too. The court will probably think this is best interest to them.

Moveaways are approved all the time. It always means that the kids will go without seeing one parent for extended periods.

It happens.

Life happens.

It's up to you how you want to present it to the court.

 

[bluesky368]

I want to ask one more scenario.

If I move to CA with kids and file a divorce in CA after 6 months and my wife quits her job and move to CA to fight for custody, this will increase her chance to have primary custody because she doesn't have job and she can take care of kids full-time?

 

[Proserpina]

I want to ask one more scenario.

If I move to CA with kids and file a divorce in CA after 6 months and my wife quits her job and move to CA to fight for custody, this will increase her chance to have primary custody because she doesn't have job and she can take care of kids full-time?

Look, we really can't cover every single "what if" that occurs to you.

Please spend some time reading the forums.

Other than that, you need to be asking an attorney.

 

[LdiJ]

I want to ask one more scenario.

If I move to CA with kids and file a divorce in CA after 6 months and my wife quits her job and move to CA to fight for custody, this will increase her chance to have primary custody because she doesn't have job and she can take care of kids full-time?

I think that you realistically need to expect that any court action regarding the children is going to take place in IL.

There is almost zero chance that you could take the children to CA and have mom initiate no action in IL before you have been there six months.

Moveaways do get approved all the time, but not very often in the initial divorce unless one of the parents is clearly the primary caretaker, which is not the case here.