Legal Question in Family Law in California

Re: Sister wanting to come home

She can take the child wherever she wants so long as she keeps the father apprised of her whereabouts and how to contact the child. However, the father could seek in court to have the child brought back to California if he did not consent to the move.

Re: Sister wanting to come home

You asked if there was any reason that a mother could not move to Pennsylvania, with a child, without the permission of a child's father.

This can get messy depending on the motivation and resources of the parents but generally either parent has the right to live with a child wherever they wish. Because the parents are not married the child is presumptively in the care and custody of the mother.

If the father wanted to prevent the relocation of the child (after he has absolutely no say over the parent) the father would need to get an injunction preventing removal of the child from the state or get an actual custodial order. In the absence of such an order the mother may transport or relocate the child as she sees fit.

As I said, this can get, and likely will get very messy so the mother should retain an attorney in the child's current home state AND ALSO in the child's destination home state. Custodial issues are normally decided in the jurisdiction that is the child's primary domicile.

I could go further, but I believe it is very necessary for the mother to speak with a family law attorney in each state.

Regards,

Roger

Re: Sister wanting to come home

Your sister should at a bare minimum obtain father's written permission to take the child from the State of California. If she wanted the greatest protection she should file a paternity action and obtain an order that she can move to Pennsylvania with the child. Good Luck, Pat McCrary