We got married in Las Vegas then moved to Japan for 9 years. We had our son in Japan and we acquired duo citizenship for him. When he was 4yrs old she wanted a divorce to be with another man. I moved back to California with my son. I raised him and provided for him since he was born. He is now 7yrs old and she wants to see him when she visits the United States. I don't think it's healthy for my son when the mother inserts herself into his life whenever she feels like being a mother for a week and leaves for another few years. Also unfair to me being left with questions that I can't and unable to explain to my son.
There is no way the court will take away her mothers rights or duties to her child just because it would make you want happy or because awkward questions will arise. In fact, they won’t do it at all. You made the choice and you know must deal with the consequences.
You cannot terminate the mother's rights, and she also cannot voluntarily give them up. There are no papers she could sign that will do this. It's a very common misconception that one parent's rights can be terminated, or that one parent can "give up their rights" to their child. It simply does not exist UNLESS you are remarried and having a new spouse adopt your child. Then you could do a stepparent adoption and the biological mother's rights could be terminated. That's the only way.
I suggest you get custody and visitation orders in place to make sure there is a routine for your son with regards to visiting with his mom. Then she cannot just show up whenever. You can also request child support from her.
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
If you would like to get your marriage dissolved in the State of California, below you shall find the process to get the divorce started:
1. Assuming that you are located in the State of California, in which city and county are you located in?
2. Have you been a California resident for the last six (6) months?
3. Have you been a resident of the county in the State of California that you have been residing in for the
last three (3) months?
4. You will need to fill out, file with the court, and personally serve the opposing party with the following:
1. Petition for Dissolution of Marriage [FL-100];
2. UCCJEA [FL-105] (only if you and your spouse have a minor child or minor children together);
3. Summons [FL-110];
4. Declaration of Disclosure [FL-140];
5. Schedule of Assets and Debts [FL-142];
6. Income and Expense Declaration [FL-150];
7. Your last two (2) years of tax returns;
8. Blank Response to Petition for Dissolution of Marriage [FL-120]
9. Blank UCCJEA [FL-105] (only if you and your spouse have a minor child or minor children together);
10. Blank Schedule of Assets [FL-142];
11. Blank Income and Expense Declaration [FL-150];
12. Blank Declaration of Disclosure [FL-140];
13. Blank Declaration Regarding Service [FL-141]; and
14. Blank Proof of Service by Mail [FL-335].
5. The documents that need to actually be filed with the court are as follows: Petition [FL-100], Summons [FL-110], UCCJEA [FL-105] (only if you and your spouse have a minor child or minor children together), and the Income and Expense Declaration [FL-150].
6. And when you have your spouse personally served (a non-party at least eighteen years of age must do the personal service for you) with the above-mentioned documents, you need to make sure that you accompany all of that with a Proof of Personal Service [FL-330]. You would need to fill that out, and have that filed with the court. In addition, you would need to fill out and file with the court a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration [FL-141].
7. With respect to child custody and visitation, in the State of California, the court will make its determination based upon what is in the best interest(s) of your seven year old son. The general default position is that each parent will have both joint legal, joint physical custody of the minor child.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline