Thank you for your question. I am happy to assist you.
Absent a court order or proceeding concerning the child, you may take your child and move to CA. Once you move, the chances are greater that a judge will not order you to return.
Absent a court order concerning the child, both the mother and the father have equal rights. Each parent, absent a custody order or court proceeding, has the right to relocate or travel with his child as he sees fit.
This means that without a custody order the father can take the child anywhere. This also means that without a custody order the mother can take her child anywhere. There is no legal restriction on either parent relocating with the child to a different state.
When a custody action is filed, it must be filed in the home state of the child. The home state is the state in which the child has lived for the six months prior to filing. This is where jurisdiction will remain.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Thank you, FLANDNYLAWYER
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