If I choose to leave the state with my son and there is no custody agreement, would I get into trouble?

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If I choose to leave the state with my son and there is no custody agreement, would I get into trouble?

I do have my son full-time and support and provide for him with no help from the father. Also, he rarely visits him and when he does it’s when I take the initiative.

Asked on April 1, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

More information is needed here in order to give any guidance.  First, have you ever been married to the father?  If not and there has not been a determination of parental rights (and I am assuming so as there is not cutody and visitation schedule) then you are the legal guardian of the child.  If you were married and there is just no agreement - which is highly unlikely - the general rule is that you can not interfere with parental rights.  Leaving the state could be kidnapping.  Please speak with some one who can ask you all the important questions.  Good luck.


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