Family Law Questions? Ask a Family Lawyer Online.
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The answer to your question is yes, you both have equal rights at this moment. Without a court order, the law considers both of you to have equal custody. To terminate his rights or modify his rights, you would have to go through the family court in California to make that happen. Have you considered contact the police or anyone who may know of her whereabouts?
To a degree, he can. However, because you have rights, you have the right to know where your child is at. It's kind of like shared rights that the courts would prefer parents work out on their own. But if he takes the child and does not tell you, he essentially is abducting the child. This is different than if my wife comes home and my child and I are out to ice cream and she isn't aware. If he wont' tell you, then he may be breaking the law. I'd recommend contacting the police or sheriff's office to help you get this situated ASAP.
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