McKinleyville, CA asked in Child Custody and Family Law for California

Q: Hello I have the opportunity to move to Minnesota with my children & there is no custody order ! Can I go ?

The father is not involved & has not been around to see the child in the child's life the 3 yrs hes been alive - paid no child support either

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If there is no custody order in place, then both parents have equal rights to the child and can make decisions regarding the child's care and upbringing. However, it's generally recommended that parents who are planning to move with their child to a different state, particularly one that is far away, obtain a custody order beforehand to avoid potential legal issues down the line.

In California, you can obtain a custody order through the family court system. The court will consider various factors when determining what custody arrangement is in the best interests of the child, including each parent's ability to provide for the child's needs, the child's relationship with each parent, and any history of abuse or neglect. If the father is not involved in the child's life and has not been paying child support, this may be taken into consideration when making a custody determination.

If you do decide to move to Minnesota with your child without obtaining a custody order first, the father could potentially challenge the move and seek to establish a custody order in Minnesota. This could result in legal complications and uncertainty for both you and your child. It's generally recommended that you obtain legal advice from an experienced family law attorney before making any major decisions regarding custody and relocation.

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