Legal Question in Family Law in California
single mom moving out of state
I'm a single mother with a 5mth old daughter. The father has not been involved, actually the last correspondence I had from him was he would give me medical history if he could sign off on all responsibility, that was last july. In february I decided to move out of state to be closer to my family and now just recently the father wants to be involved. Can he stop us from moving, only my name is on her birth certificate.
2 Answers from Attorneys
Re: single mom moving out of state
You never know. Since you are planning to leave anyway you might want to just remove yourself from CA jurisdiction ASAP. The last thing you want is a CA judge getting his claws on your child.
Re: single mom moving out of state
This response is based on the limited information you provided in your inquiry.
If you currently have legal and physical custody of the child, via a court order, then the father would have to obtain a court order to stop you from moving away.
Even absent a court order, you need to give the father 45 days advance notice, in writing, by mail, return receipt requested, postage pre-paid, to the last known address of the father. You must send a copy to his attorney if he has one.
If you do not have court ordered custody, you should obtain it as soon as possible!
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