Can the mother of my child simply take her and move out?

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Can the mother of my child simply take her and move out?

My girlfriend and I have a 2 year old daughter. We have been living together for a little over 2 years. During that time I have been the stay-at-home father and the mother had been working. About 3 weeks ago, while visiting her mother with our daughter in another part of the state, she decided to leave me and move in with her mother. Does she have the right to take my daughter away? Also, if we were working out to get back together are there things I can do just in case things don’t work out?

Asked on October 30, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 11 years ago | Contributor

You may want to consult with a family law attorney to evaluate your custody options and see what the child support ramifications are.  If you fail to reconcile and you want to have some sort of legal right to custody or visitation, the  you would need to file what is called a parentage action and request a court order granting you those rights.

Best of luck.


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