If I Move Out of State with My Baby Is that Considered Parental Kidnapping?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

A house attorney has answered this question.

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