Legal Question in Family Law in California
My ex-boyfriend is trying to say he is going to have me arrested for kidnapping. I took our daughter, which he is not named on the birth certificate as, and moved to Washington. He was using drugs and so was I. I went into treatment in Washington, own a home and did what I thought was best for them. We were in danger of losing our place, using drugs, dirty house, fighting and arguing constantly. She is with her other sister with me here and now he is fighting with me about it. 3 months later. What are my rights?
1 Answer from Attorneys
You need to establish parentage with respect to the child. Is there a father on the birth certificate? For the ex to have any rights whatsoever he MUST establish parentage. He will need to do this via the local family court in your area. Unless he does that he has no grounds for kidnapping. Kidnapping would arise if you kept the child contrary to a court order.
If he does establish his parentage, his next step would be to get a custody and support order from the court. There would be a hearing and you would be allowed of course to have your say, and to produce witnesses. If the child is in Washington, ex will have to bring his actions there. California would have no jurisdiction based upon the location of the child.
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