Legal Question in Family Law in California
Child Custody
If someone and their boyfriend live together, have a child together, and the boyfriends last name is on the childs birth certificate as the known father, then down the road things don't work out and she wants to leave with the child but he says "there is no way shes leaving with his child",
What kind of trouble could she get in if she just up and left the state with the child without him knowing about it until she was already gone? Could he charge her with parental kidnapping? And get sole custody of the child? Could she go to jail and for how long?
She knows he won't let her leave with the child, but the enviroment that the child is living in with them together is not good for the child and the child would be much better off away from him.
1 Answer from Attorneys
Re: Child Custody
Taking a child from a person that has a right to custody and visitation is a felony. There are however, some exceptions to this rule. If there is physical abuse, or other danger to the mother and child she could move into a battered woman's shelter. From there she could get a restraining order against the boyfriend. The court could then approve her moving from the state.
The child stealing statute provide that the child cannot be concealed. They do not technically state that the person cannot move from the state and take the child. The parent after removing the child from the state would then notify the father of the location of the child. This course of action is not recommended, as it does carry the risk of being convicted of a felony and loss of the child. The better approach is the first one set forth above.
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