Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
