Can I take my child out of California to without notifying the unwed father& only child support order?

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I moved out of state (California)and had my child stay with aunt until I established a new residence(took 2 weeks).When I went to pickup my child, they refused to let me see or talk to her. She is 12 and wants to live with me. I want to pick her up unannounced from school & bring her here. There is only a child support order and we were never married. I have always had my daughter live with me. This is the longest we have been apart, I just don't want to get into legal trouble. Would I be ok with taking her and do I have to tell him where I am?

Attorney Answers

2
Bruce Clement ·
Don't move your child out of state (CA) until you have consulted with a good attorney about the details. You might be in violation of the UCCJEA or even a criminal statute. On the other hand, if you have legal custody and the aunt does not, you may be able to get your daughter with a writ of habeas corpus. It's almost always best to get a court order authorizing the move; it may be a hassle, but it's less of a hassle than being ordered to return the child after you've moved. It’s always best to consult with a good family law attorney to discuss the details before you act. See my Legal Guides on paternity, interstate custody, and the UCCJEA for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. Click on my photo. On my home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 31 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement
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Dave Hawkins ·
YOu need to consult with an attorney licensed to practice in Ca. You cannot utilize self-help and breach the peace without there being serious consequences for you.
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