Legal Question in Family Law in California

If you mean a properly completed and recorded declaration of paternity, then yes, the father can leave with the child if there are no custody orders in place. If he does so, however, and the mother acts quickly to file for custody orders and a return of the child, the court will order the child to return to his or her habitual place of residence pending the outcome of the application for custody orders, and the father's unilateral conduct in taking the child away from the mother will weigh aginst him in the custody determination. Of course if the mother is denying the father time with the child and he files, that would cut against her. Bottom line is that the court expects parents to work together to make sure the child has a good relationship and regular time with each parent. A parent who works against that principal will always look bad to the judge in a custody fight.