Legal Question in Family Law in California
Taking my baby out of state
I was in the Navy and stationed in Idaho, but was born and raised in California...while I was stationed in Idaho I had a child with a man from Idaho....we have broken up and I am now out of the military, there is nothing keeping me in Idaho any longer...
I would like to go back to California as that is where my family is, but the baby's father said he would have me arrested for kidnapping, is this true? My place of residency prior to being in the Navy was California...
1 Answer from Attorneys
Re: Taking my baby out of state
As the child is in Idaho, Idaho would be the state with jurisdiction. Without a court order, however, both you and the father's rights to take the child wherever you wish are the same. Notwithstanding, a parent can be charged and convicted of kidnapping if the parent conceals the whereabouts of the child from the other parent. You should get permission from the court in Idaho in order to take the child out of state, although it is not technically required.
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