Legal Question in Family Law in California
My daughter is 16 and will be 17 in June of 2010 and she has a son that is 17 months . The baby's father is 17 and will be 18 in Sept . 2010 . He is on the birth certificate and signed a Declaration of Paternity . Due to health reasons my sister wants us to come live with her and her husband in South Carolina so she can help us out . There are no court proceeding going on nor are there any court orders , My question is can I legally move my daughter and her son out of the state of California without the baby's father's permission ?
1 Answer from Attorneys
You would not be violating any law or order by making the move, but he would have six months to bring an action to force a return to California. Whether he would succeed or not would depend on far more facts and details than you have provided.