Legal Question in Family Law in California
My son an his ex girlfriend have a 9 yr old daughter. She has removed her out of the state 2 times without his pernission. There has been NO cutody set. The first time she went pressured by her parents. The second time she did it out of anger, had her mother come from Az to take her out of school before the yr was over. She was there 3 mos, and hated it. After she returned didnt want to talk to her mom, very angry! Since July 09, her dad and her have lived in our home. Shes flourishing, a gifted class student and a wonderful child. Her mom is immature and now once agains threatens to remove her, which would be incredibly hurtful to her. A lawyer said withor without a custody order she cant take her without his written permission, is this true??? HELP!!
3 Answers from Attorneys
Your son needs to file a paternity action right now. Upon filing the action there is a restraining order preventing removal of the child from the State without court order or a written agreement. With out a court order she can take the child. Good Luck, Pat McCrary
Where there is no custody order or proceeding either parent can take the child anywhere in the US. It is only international travel that requires consent. Mr. McCrary is correct, however. It is long past time to stop worrying about the legal technicalities of what happens when there is no order, and get custody and visitation orders in place.
You need to file a paternity action right away and file an Order to Show Cause for custody and visitation orders. If your son has not been declared the father of the child by the Court and is not on the birth certificate, the mother can come take the child whenever she wants and absent a court order, the police cannot prevent her. Good Luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
