Custody from New York to California?

Question

My brother recently left his wife after she cheated on him twice and he tried to work it out. Since all three of his children's birth he has been the primary caretaker. He has stayed home with them 24/7 . Basically a stay at home dad . No jobs. No vacations. The real deal. His wife has no idea even how to fix their hair or take care of them because he has not done it for so long.
He intends to divorce her and move in with another woman he has met a little after they split. His new partner backs him 100% and is willing to take in the children. The children live with their mother in New York but are absolutely miserbale and talk to my brother about 4 hours a day. There ages range from 5 - 8 . My brother had to leave due to his soon to be ex wife's new found violent nature. She cut him with a broken beer bottle at one point.
My question is , Can he file custody from California with the kids in New York with their mother?

He now has the kids for the summer in California and has a chance to do something as well as the money. What would be the benifit if he filed for divorce and custody first in another state. The children were born in New York and he married his soon to be ex in New York as well. Any idea on the cost of this ? She has no cash now he does. He does not even neccasarily want to take full custody of the kids and rob them of their mother. He just wants more than once a year visitation with them. I know in the past kids were sent to their mothers but things hopefully have changed . Especially when he has been their primary caretaker their entire life. Again any help organzational information, support groups would be helpful.

History on her:

Her mom is clinically schizophrenic and she shows some signs of it.
She has cheated on him twice. The first with her boss and second with my brothers best friend.
After she showed no remorse and mentally abused him.
After she did this he told no one and as he put it "So he could work it out and maintain her dignity" She heard about this and called him a pussy for it.
He tried to work it out for 2 years after .

He has never cheated on her as he has always had the kids. He would stay home do laundry , cook , clean and other household stuff. When I say the real deal I mean old fashion stay at home wife but with a penis!! 1950's style!!!
After he left on his own and started living in his car she had it broken into and all the windows smashed out of it so he would come back to her!!
She cut him with a broken beer bottle after she said they would be together no matter what.
My brother is no angel but only like the rest of us are.

The most he can be accused of is eternal laziness.
So keeping my nose clean (as the first answer puts it) is not an option.
I don't know how their family works but when mine is in trouble we circle the wagons and help who needs helping.
If my brother was wrong in this situation then I would call him out on it fast and hard.
We take divorce in our family seriously, more than most!!
Most of the people are divorced and we dispise the idea .
That does not mean we are stupid and relaize that these 2 people do not need to be together!!

Answer 1

First consult a family lawyer. I would say they would charge about a $3000 retainer to start. Give or take a thousand, depending on the area he is in. If the kids are here in CA, and he is in CA and files for divorce here, the venue would be here and easier to fight from here. He can file to keep them here until hearings can be set for their safety, since there are safety concerns. She can testify by phone or come to CA if it is that important to her. He does not have to file for %100 custody. He can file for a joint situation and have the kid slive here primarily and go to their mom on holidays and for the summer. His involvement as their primary caretaker carries a lot of weight. Tell him to consult someone tomorrow morning and get it on the ball. School starts in just a few weeks!

Answer 2

Okay youve shown just cause for a divorce, but custody is going to be a whole new challenge and since its cross country it going to be very time consuming and expensive. You said something about more visits which would be a better avenue to take here. Besides the summer visit, try to work out something for the holiday school vacations. This would be better worked between the two rather than the courts and again cheaper too. Now as for the first custody hearing if he can have the Judge rule her unfit by means of a clinically diagnosed medical condition that could prove harmful or dangerous to the kids then he might stand a pretty good chance of getting residential custody and her the visits. Its well worth the try here in this situation. Think about it and good luck

Answer 3

Of course he can and if he can and it would be better if he found a lawyer since what I am assuming that he is in California,that also can practice law in New York,that would help him even more and if the lawyer is verse in family law especially in the state of New York,because that is were the kids are and that is the law he would be dealing with the laws under the state of New York,can't get around that fact because that is were his children are as of now.

Answer 4

Seek the advice of an attorney who has experience or even specialty in custody rights for men. I think there's one called "Adam" it's an acronym for something (I forget). Anyway, it sounds like it's going to a messy deal, so he should ask about child support in the form of wage garnishment due to her proved nature (yes, he's entitled to it, but if he doesn't want to spend it, he can always bank it in a trust fund).

Regardless if he spend ALL or NONE of his time with the kids prior: Dads still gave 50% of the child's exsistence to him.

Answer 5

Yes this can be worked out but step aside b/c this is going to get ugly. To bad he couldn't keep his new lady out of the pic. the Ex is going to feed off that and get real crazy.