Legal Question in Family Law in California

Re: child custody

In addition to Mr. Owen's answer I would add the following:

In California keeping a child from a person that has a right to custody is a misdemeanor. This can occur when the wife moves out of the family home with the children and keeps them from father. A court order for custody is not required as he has custodial rights.

Whether or not the father of your child has custodial rights cannot be determined from your question.

As a general rule unless mom hides the child from the father, no criminal charges are filed in these cases. Father would be required to go to court and obtain an order for the return of the child to California.

Further the state in which the child has resided for the last 6 months or the greater part of the last 6 months is the child's home state and that is the state that has jurisdiction.

You should consult an attorney in Kentucky and if you have been in that state for only a short time also consult with a California attorney.

Re: child custody

I would be difficult for the mother of a child to be charged with kidnapping where there is no custody order and especially where there is no marriage. He may be afraid (and I suspect that is the motive behind the threat) that you will ask him for child support. djon't fall for the threat. Go to the local county attorney's office and they will assist you in obtaining child support. Also, seek some advice from a local attorney.