Family Law Questions? Ask a Family Lawyer Online.
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).