Legal Question in Family Law in California
My daughter has lived with me since she was 6 weeks old. Her father and I don't not have any custody orders and he doesn't pay child support. He gets to have her a couple times a month and that is an agreement between us. I'm in the process of being married and moving to Kansas. We currently live in california. Do I have to inform him of the move? Can he get me for kidnapping?
2 Answers from Attorneys
Yes, you should inform him of the move ahead of time and no, he cannot get you for kidnapping. Better to get a court order allowing you to move as opposed to waiting until after you move and you find him filing a motion with the court to force you to bring your child back. Good luck!
If there are no custody orders, he cannot press any criminal or contempt charges. However, if he is legally on record as the father, he will have up to six months to file a custody action in California and have you ordered to return the child to California until such time, if at all, as the court issues a custody order that allows you to take her out of the state again.
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