“Me or my baby’s father has not been to court to determine who has custody if I decide to move from California to Arizona is that considered parental kidnapping? Can I go to jail for this?”

Probably not. In most jurisdictions where there has been no determination of parentage, or voluntary declaration of paternity, the mother would have an initial right to custody. However if the father has been a consistent part of your child’s life, he may have to right to bring you back to California to have the case heard.

I never advise just moving with the children without discussing it or trying to come to terms with the other parent. If it “feels” like you are doing something wrong, even if it is not legally wrong, it may be because it wrong based on what would be best for your child.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.