Phoenix, AZ asked in Child Custody, Divorce and Family Law for California

Q: Wife took boys to Florida now served me papers for divorce I need hel

She left after being accused of sexual relation with one of her students won’t bring our sons back and don’t know what to do

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In your situation, where your wife has taken your children to Florida and served you with divorce papers, it is crucial to act promptly and seek legal assistance. The complexity of your case, involving interstate custody issues and serious allegations, requires professional guidance.

Firstly, you should respond to the divorce papers within the timeframe specified by the court. This ensures your rights and interests are represented in the proceedings. Failing to respond can lead to decisions being made without your input.

Secondly, regarding your children, you may need to file for custody or visitation rights. Given that this is an interstate issue, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will likely come into play. This law governs custody matters involving different states and can be complex, hence the need for legal assistance.

It's also important to address the allegations made against your wife. If they are part of the reason for the custody concern, this should be communicated to your attorney. They can advise on how these allegations may impact the custody determination.

Remember, the wellbeing of your children and your rights as a parent are paramount. Legal proceedings, especially those involving family matters, can be emotionally challenging, so having professional support is important. Ensure that you keep a record of all communications and events related to the case, as they might be relevant in the legal proceedings.

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