Q: My son is two months born in California the fathers name is on birth certificate but we are not married. He was arrested
For domestic violence and abuse. There's no custody order in place. Can I move to North Carolina with my son he has not cared for him since born
A: The answer to this question requires a thorough consultation since many variables come into play. If there is a case filed with the court, automatic temporary restraining orders would prohibit a parent from moving out of state with the child. However, a parent might take some risks if there is no case, but still be subject to jurisdiction in California. The birth certificate issue is not a huge issue since fathers can file paternity cases and ultimately get on the birth certificate. More facts are required to provide a thorough analysis. Consult with a local family lawyer prior to making any significant decisions.
A:
He may object to the move-away by filing for an injunction along with custody/ visitation rights in CA court.
See: http://www.aeesq.com/divorce-attorney/kidnapping-abduction/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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