Legal Question in Family Law in California

unmarried custody rights

I am inquiring about the rights and/or laws of an unmarried person taking their child out of state to get away from an abusive partner who is the other biological parent. Can they get charged with kidnapping? What is the quickest way to obtain custody of said child in this situation? This person and their children are in the same house with the abuser and have no way of leaving and being in the same state. Thank you.


Asked on 8/03/05, 7:01 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: unmarried custody rights

There are too many possibilities to answer over the internet. There are shelters that will provide a place for her to stay protected from him. There is a law against hiding a child from the other parent. However, there is an exception when abuse is involved. She should report any future abuse to the police, and report the past incidents of abuse. If they arrest him the police report will be very valuable if there is a custody battle. A consultation with an attorney is required to fully explore the possibilities.

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Answered on 8/04/05, 10:52 am


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