Can a woman who has a child in California leave to another state like Arkansas without the father's permission? 5 Answers as of February 21, 2012
Can a woman who has a child in California leave to another state like Arkansas without the father's permission? There's no custody battles yet but this is what has happened. My son is the father of this 1 year old baby girl, my son and this woman are not a couple together. She is however with a new boyfriend and is now pregnant with his baby. What can my son do? We found out this morning she left for Littlerock Arkansas and he's worried he won't be able to fight for visitation. Doesn't she need to let us know what shes doing?Free Case Evaluation by a Local Lawyer!
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Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
She should, but she didn't. Unfortunately, there were no court orders preventing her from moving the parties' baby out of the state. Your son should immediately file a Paternity case, and have the mother served in the state that she just moved to.
Answer Applies to: California
Replied: 2/21/2012
Diefer Law Group, P.C. | Abel Fernandez
If there is no case pending, then there is nothing really ordering her to inform him that she is moving. He needs to file a paternity case and custody immediately. If the parents of a child are not married, the court does not need to require that the child be returned to California pending a custody case. Normally, if they were married she would need court permission first or the fathers consent. My advise here is for her to file an immediate request for custody orders.
Answer Applies to: California
Replied: 2/20/2012
Attorney at Law | Dorinda Ohnstad
If there is no court order in place addressing the issue there would be nothing to stop the parent from leaving the state. That said, currently California still has jurisdiction over child custody and visitation and it would be best to look at instigating an action in California to address those matters ASAP.
Answer Applies to: California
Replied: 2/20/2012
Peyton and Associates | Barbara Peyton
If there is a custody order in place, it will usually preclude such a move. From a practical standpoint the father might accuse mother of kidnapping and cause a lot of problems for mother. The best way to approach these problems is to file papers with the court and get permission to make such a move. The courts are looking to the best interests of the children and only rarely us it best for the children to not see their father.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
Your son and his child have a right to have a relationship with one another. Your son should file and serve a petition for paternity along with a motion to establish custody and visitation
Answer Applies to: California
Replied: 2/20/2012
