Legal Question in Family Law in California

Rights to child

I was told that if a parent wants to up and move spontaneously(with the children) without telling the other parent, there is nothing the parent can do. They have no rights that say that one parent can or can't move. My sister has a child. She has never been married to the baby's father. If she chose to move to another state, can the father legally do anything about it. Can a person move and take the children with them, without any legal obligation to the other parent, regardless of marital status?

No legal work has been done for custody, so both parents care equally for the child.


Asked on 1/24/02, 6:36 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Rights to child

Basically, either parent can do anything they want unless there is a court order saying they cant do it.

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Answered on 1/24/02, 7:22 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Rights to child

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

First there is the issue of Paternity. Is the boyfriend the "legal father"? If not, or until he is, he has no rights at all. Second, if paternity is established, absent a court order to the contrary either parent can move and take the child with him or her. It is up to the other parent to go to court and block the move by showing that the move would be detrimental to the child.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 3/28/02, 5:54 pm


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