Q: Can I move my son to another state without the father’s consent?
We currently live in the same house but I will be filing a eviction to have him removed because he refuses to leave on his own. I am the custodial parent and he is non custodial parent. We do not have any custody orders at this time and I have a lot more support and opportunities in California for me and my son. However his dad doesn’t want me to take him. Is there anything stopping us from going? And if so could I take him out there while I wait the 30 days to have his dad leave the residence?
A:
The answer depends on whether you have any orders relating to custody of your son. Generally, parents that are not divorced or do not have a Court ordered custody arrangement, have equal rights with regard to the children. This means that they can take control and possession of the children and can make decisions regarding the child's welfare. However, as soon as parents separate and file a suit with the Court or begin a divorce action, the Court usually steps in and determines each parent's rights with regard to the children. Before you move, it is advisable for you to meet with an attorney to determine what Court actions may be in the best interest of the children.
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