Legal Question in Family Law in California
Leaving state for a visit
I am lookinf for laws concerning child custody where the child's parents were never married, they just agreed to visitation. explanation: My brother lives in CA and had a child with a woman. they never got married. No custody was granted by any court. He wants to come to Alabama and visit his mom with his daughter. The mother of the child said no, but he plans to do it anyway. are there any penalties to this action since there is no divorce or custody case?
2 Answers from Attorneys
Re: Leaving state for a visit
in ala as long as there is no court order regarding visitation, either parent has an equal right to custody of their child. there are no restrictions in ala regarding where a child may be taken by one parent on a temporary basis when there is no custody order by any court.
Re: Leaving state for a visit
Until and unless one of the parents goes to court and get some sort of custody order, either parent is free to take the child and does not have to allow the other parents see it. Your brother would not be subject to any penalty for taking the child out of state for a visit.