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

A: If there is no custody order in place, generally, both parents have equal rights to the child, and each parent has the right to make decisions regarding the child's upbringing, including where to live. However, if you and the father were never married, you may have legal custody of the child by default.

In any case, it is advisable to seek legal advice before moving to another state with your child, especially if the other parent has any legal rights to the child. An attorney can assist you in determining your legal rights and obligations, and guide you through the necessary steps to obtain legal custody or permission to relocate.

Under California law, both parents have an equal right to custody of their child, unless a court order states otherwise. If there is no custody order in place, either parent can take the child out of the state for a temporary period of time, but the law does not provide a clear answer as to how long that period can be.

However, if you are planning to permanently move to Minnesota with your children, and the father has not agreed to the move, you may need to obtain a court order allowing the move. California law requires that a parent seeking to move with a child must provide written notice to the other parent at least 45 days before the planned move. The other parent then has the opportunity to file a motion to prevent the move, and the court will consider several factors in deciding whether to allow the move, including the child's best interests and the reason for the move.

If the father has not been involved in the child's life and has not paid child support, that may be a relevant factor for the court to consider in deciding whether to allow the move. It is important to consult with an attorney in your area who is familiar with California family law to discuss your specific situation and options.