Legal Question in Family Law in California
Hi, my son is two months old. The biological father is not on the birth certificate but has taken a paternity test that proves he's the biological father. If i move away with my son to another state with out him knowing would it be child abduction? does he have any rights?
2 Answers from Attorneys
It is not child abduction because you have the same rights as he does to take the child, but I would get orders from the court allowing you to leave otherwise, once you leave he could file for the court to make orders giving him custody of the child. The court may give it to him because they do not like one parent taking off with the child.
Ms. Singleton-Smith is correct. I would also add that you don't mention the context of the paternity test. Those are almost always done in the context of a paternity determination proceeding in court. If there is a paternity proceeding pending, you will probably be in violation of automatic court orders if you leave the state with the child.
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