Legal Question in Family Law in California

live in california not married but pregnant can i move out of state after having the baby wtihout the fathers permission


Asked on 7/28/10, 10:38 am

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

Until parental rights are established for the father, he has no rights to stop you from moving. Once you move, he could establish parental rights via DNA testing or testimony, but he would have to do that in your new state of residence. He could not force you to move away back to California. If he establishes parental rights before you move, he can control you much more. He can not necessarily forbid you to move, but he can have an influence based upon your respective parenting skills, etc as assessed by the evaluating court. The court will always consider the best interests of the child. That usually assumes staying with one parent. Employment or assets do not have much influence. Fathers can be just as favored as mothers.

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Answered on 8/02/10, 3:30 pm


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