Legal Question in Family Law in California

Re: Custody

The first question that needs to be answered is whether the father is the legal father. As you were never married to the dad, there are 2 ways in which he may be the legal father: 1. Both you and he signed a voluntary declaration of paternity (if he is named on the birth certificate and signed papers at the hospital when the children were born, then he probably signed a voluntary dec of paternity), or 2. There is a court order saying he is the legal father.

Absent either of the above, he probably is not the legal father, and the police and CPS would be powerless to do anything to stop you. However, it still would be highly advisable to not take the children out of state because the father may file an action in court to establish paternity and force you to bring the children back. The court may even give him sole custody. This is a close call.

On the other hand, if he is the legal father, forget about taking the children out of state without his permission. You could even be possibly charged with kidnapping. You would have to file a motion in court for a move-away order.