Legal Question in Family Law in California
moving out of state w/o telling bio father or courts
My wife and I have decided to move out of state to avoid further interference from our son's biological father who is an illegal alien and has threatened to abduct our child. The CA courts have let us down and allowed visitation despite the kidnapping threats and illegal status. My question is what will happen if the father is able to find us? How likely is it that the CA courts will be able to track us down and require us to come back to CA and go to court? I know they are overburdened and don't have the manpower to find us. If they did find us would the status quo stand firm. We are willing to risk having to go back to court someday just for the chance of starting over and never being bothered again by these illegals. I realize no lawyer would advise this action but we are willing to take the chances to keep these people away from our family.
1 Answer from Attorneys
Re: moving out of state w/o telling bio father or courts
The conduct you are proposing is a felony in California. The district attorney in the county in which you are currently residing will obtain a warrant for your wife for child stealing. This warrant will be sent out through out the US. It is very probable that you will be located and arrested. The court may well give the bio father custody. You should consult with an attorney regarding your options.
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