Legal Question in Family Law in California

If he files and serves you with a petition for custody or paternity you will be restrained from taking the child out of the state of CA without his written permission or order of the court. Otherwise, you are free to leave, as long as you keep him informed where the child is. This is important, because withholding the location of a child from a parent is a crime.

If you leave with the child and do not have court orders affirming this move away, you run the risk of father getting an order requiring that the child return to California.

Whether you will be granted a move-away order depends on too many factors to go into in an internet Q&A. It is decided under exactly the same law and legal principals as if you two were married and getting a divorce, and ultimately comes down to the court deciding what is in the best interests of the child.