Legal Question in Family Law in California
Is it a crime for an unwed, (underage), pregnant girl to move to another state with her parents, (who are the sole support for her and thus far for her child)? We are being relocated for job purposes and the presumed father of the unborn child is claiming that this is kidnapping and that he will try to stop our daughter from moving. The child may be born in Georgia so does that change the custody laws if the child is born outside of California?
2 Answers from Attorneys
Until the child is born, the California courts do not consider it a person over whom they would have any jurisdiction. If the child is born in Georgia, the courts of that state would have jurisdiction and Georgia law will apply. If the child were born in California, it still would be perfectly legal for the mother to take it out of state, but California would have jurisdiction for up to six months, enforceable in any other state, to order the child returned to California. It would only become illegal to remove the baby if the father files and serves a paternity determination lawsuit. At that point an automatic restraining order would go into effect against removing the baby from California without a further court order.
Bottom line is that until papers are filed and served, you may move out of state with your daughter and her unborn child. If you are going to move do so before papers are filed and served.