QUESTION

If a mother and father are unmarried and have not yet settled custody of child can the father get up and walk away with child during visit?

Asked on Dec 09th, 2015 on Child Custody - California
More details to this question:
Visit not set up through court , would that be considered kidnapping?
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1 ANSWER

If there are no court orders in place, he could walk away with the child.  If you then called the police, depending on the circumstances, the police may return the child to you (i.e., if the child is very young and it is clear to the police that the child has been living with you).  You should file an action under the Uniform Parentage Act (the body of law that governs unmarried parents) to seek a custody order.  
Answered on Dec 12th, 2015 at 10:59 AM

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