Legal Question in Family Law in California
maternal rights if unwed
If a mother has a child and gives the child the father's last name in California. Is she allowed to leave the state without the father's consent or going through a legal process if the mother and the father are not married?
2 Answers from Attorneys
Re: maternal rights if unwed
You can take your child anywhere you like as long as the court has not told you that you cannot. You do not need anyone's permission, as long as you are the parent.
Re: maternal rights if unwed
The mother (and father) have equal parental rights unless there is a custody order/parenting plan that places limits on each parents rights. There are really no limits. I would encourage you to do a paternity action and get a parenting plan in place that defines parental rights and responsibilities.
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