Legal Question in Family Law in California

My fianc� has a baby with another man and she's in Califronia right now but wants to move to Texas with me can she move here and not let the baby's dad see the baby because he is on drugs and does not have a stable home let alone she just turned 20 and he's 43.


Asked on 2/23/12, 12:45 am

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

The safest procedure is to file a paternity action and obtain an order to move the child to Texas. If there is no custody order in place right now there is no law to prevent her from moving with the child, however, the father could file a paternity action and obtain an order that she must return to California with the child until given permission by the court to move to Texas, which could take several months. If she files a paternity action she can also obtain a child support order to help financially. The paternity action is the safest procedure. Good Luck, Pat McCrary

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Answered on 2/23/12, 7:00 am


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