Legal Question in Family Law in California

File and serve a request for emergency orders for the child's return.

Ms. Kock is right. As long as the child has not been gone for more than six months, California still has jurisdiction over her. The law views unmarried parents as being the same as divorced or divorcing parents when it comes to child custody and support. Since you have no custody order, presumably you have never obtained a judgment of paternity. So you need to file for a paternity determination, a custody and support determination, and an emergency order for return of the child. Do NOT delay.