QUESTION
unwed mother wants to take child out of state
Asked on Oct 05th, 2014 on Family Law - California
More details to this question:
I'm not married to my daughter's father. I have help from my mom that lives in another state but i must take my daughter there so that i can work and save for mine and my daughters future. I'm a worried that i can be charged with kidnapping. I don't want to do anything legally wrong. I just want to know how to legally go about this without getting into trouble. I don't know how her father will feel about this arrangement but he's medically not allowed to drive for at least 3 months. And can not provide for her or care for that matter right now.
1 ANSWER
Family Law Attorney serving Suisun City, CA
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Law Offices of Russo & Prince
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You must go to court and obtain an order permitting you to move with the child accross the country. If you have sole physical custody a court will very likely grant your request. However, if the father is very involved, it may be a longer and more complicated proceeding. If you can get the father to agree, you can avoid going to court and can enter into a voluntary stipulation. You might consider seeing if he will agree to meet with a mediator to negotiate the terms of a settlement in order to avoid a lengthy and contentious court battle. Good luck to you.
Answered on Oct 06th, 2014 at 10:15 AM