How can I retain custody of my children in California?

Question Detail

My wife and I have been married since 2002 and we have two children, 8 and 5 years old. She kicked me out of the house and now wants to keep the kids. She is not a US citizen and cannot become one. My kids and I are born and raised in California. What should I do?

Answer

You should file for divorce and custody of the children. She can’t just unilaterally kick you out of the house if you are both on the lease or deed. However, she can keep the kids from you until there is a court order that the police can enforce. In order to protect your rights, you should file and get a specific parenting plan laid out so in the event that she tries to keep the kids or take them you can get the police to help you. Without a court order there is not much you or the police will be able to do.

The court will not likely take her immigration status into consideration when deciding who to award custody to. The Courts look at the quality of the parent and who can provide the most stable consistent environment.