Am I legally allowed to leave the state of CA with my child? 7 Answers as of May 14, 2012

I am debating a move that would take myself (and my child) out of the state of CA. The father and I are no longer in a relationship and we were never married. Both of us have signed a declaration of paternity after our child was born. We have never been to court - no cases pending, simply verbal agreements amongst us. Am I required to inform him about my move? What would prevent me from moving out of state with my child?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
So you want to leave the State with the child andyou do not want the father to know. What if he left the state with the child and did not tell you? Even if you are not in a relationship with him, he is still the father of the child. You both have the responsibility to raise the child. Is there more to the story? Ask the question again with more info. You can ask the court to grant a move away.
Answer Applies to: California
Replied: 5/14/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The answer to you question (re: moving with the child )rests on if the biological fathers timeshare with the child will be affected to the point that the court would deny the child's change of residence out of California. If father has a consistent relationship with the child and frequent time share, the court could rule in his favor. You really need to discuss this matter with an experienced family law attorney to assess your legal options.
Answer Applies to: California
Replied: 5/10/2012
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
You may move out of state, just be informed that it takes six months to establish a new "home" state for your children, and if you move and the father files a custody action within six months, California will still have jurisdiction to determine child custody, and you may have to come back to California to litigate the custody case.
Answer Applies to: California
Replied: 5/10/2012
Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
If you are the parent entitled to the custody of the child and there are no formal court orders or signed agreements between you, then nothing prevents you from leaving the state, unless of course, the Father brings an action for custody. At that time, you would be prevented from leaving the state during the pendency of the matter without permission from the court. California is the home state of the child (the state in which a child lived with a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.) Therefore, if father files a custody actions within 6 months of your leaving the state, California will have jurisdiction to hear the case regardless of what state you move to. You should consult an attorney to fully understand your rights as well as the father's rights prior to moving away with the child.
Answer Applies to: California
Replied: 5/9/2012
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Since there is no court case, you are not bound by the rules of court. However, if you want him to pay child support, I suggest you inform him of your plans and not just disappear. Children always do better in life with two parents.
Answer Applies to: California
Replied: 5/9/2012
    Peyton and Associates | Barbara Peyton
    You have a duty to let the father know where you are moving with the child. I suggest you give him about 45 days notice. If he objects he can file a motion with the court to make a parenting plan.
    Answer Applies to: California
    Replied: 5/9/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You should provide written notice at least 45 days in advance of your intent to move.
    Answer Applies to: California
    Replied: 5/9/2012
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