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If you were never married to the father, you are the assumed custodian of the child. If there is no court order, you may move out of state with the child.
However, the father can actually file for custody when you move and as long as it is within 90 days of when you move, CA will still have jurisdiction over your child.
So he can actually have the child brought back to CA if the court does not agree to let her move to AZ.
As long as he does not file within 90 days after you move to AZ, then he cannot file for custody in CA.
He would have to file for custody in AZ because that is where the child will be considered a resident after 90 days.
Should I seek a court order before moving?
In any case, you are currently able to leave with her and you don't have to worry about legal reprecussions.
Sorry, him. :)
If you wanted to do that, you would actually have to file for custody yourself and then once it was granted, you would have to give the father notice of your plan to move. Then he could contest it in the court.
I would personally rather take my chances that he wouldn't file for custody within 30 days of you leaving.
I see. Thank you very much. Your information is very helpful.
Even if he does, the CA court can still grant and allow you to stay in AZ.
That should read within 90 days of you leaving.
It is late and I was just about to sign off to go to sleep. :)
Yes, I understand. I appreciate your help. Thank you very much... and good night.
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