Legal Question in Family Law in California

Want to move with infant

I currently live in Los Angeles with 2 month old daughter, I want to move home,Indiana, with her where I can afford to pay rent and all other bills for over a year allowing me to stay home full time with my daughter. Also allowing for a nicer home and quality of life. After this time she would be able to stay with family while I worked outside of the home. No court orders are in place, can father force me to stay in state? Father signed declaration of paternity but the 60 days to rescind has not yet expired. What should I do?


Asked on 11/05/05, 4:05 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Want to move with infant

You did not state what involvement father has in the child's life. If his contact is minimal or zero, you should have little problem with the move. Your first step would be to contact father and ask to agree that you can move. If he does not agree then tell him you will have to file a petition to determine paternity and establish child support. He may agree to allow you to move. Just get him to sign an agreement allowing you to move.

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Answered on 11/05/05, 11:31 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Want to move with infant

first of all, you have a U.S. Constitutional right to travel and relocate period, and a state court order cannot prevent you from doing such. however, there can be visitation and joint custody "allowances" that may have to be met, IF or when such a family court order should ever be put in place. as things stand, there is nothing preventing your relocation, especially for the economic reasons you cite here. If you would like further assistance/direction in this matter, contact us directly.

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Answered on 11/05/05, 5:43 am


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