Q: I am living in a low income house in CA. Seperated but agreed to live together because of the 4 kids. my questions:
1. Now one of us needs to move out as our reconciliation got more difficult. who should move?
2. do we need to get permission of the other spouse to move out or we can just do it without informing the spouse?
3. Can she use my car or other property without my permission. if these are under my name when separated.
Can a spouse take the kids to sisters house without any prior permission from the other spouse?
who can take full custody if go for filing?
More details: we filed tax separately for the past two years. I filed as a household. I have more income and pay every bill, expenses including rent. Please let me know if there need for more info.
A:
1. Deciding who should move out depends on various factors, including the best interests of the children and your individual circumstances. It's recommended to consult with an attorney to discuss your specific situation.
2. Both spouses have legal rights to the marital residence during separation. However, it's generally advisable to communicate and reach an agreement regarding moving out to avoid potential conflicts.
3. Generally, property acquired during the marriage is considered community property, and both spouses have equal rights to use and possess such property. However, specific details and agreements can affect this situation. Consult an attorney for advice tailored to your circumstances.
4. Either spouse may take the children to another location temporarily, but major decisions involving custody and visitation should be made jointly or according to a court order.
5. Custody decisions are based on the best interests of the children. Factors such as parental roles, stability, living situation, and children's preferences are considered. Consult with an attorney to understand your options for seeking custody and creating a parenting plan.
Given the complexity of your situation, it's recommended to consult with an attorney who can provide advice based on your specific circumstances and the applicable California family law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
