Im an umarried mother from california theres no custody order if we go to texas can fathers family kidnap my child

Question

I am unmarried mother the fathers name is on the birth certificate however there is no custody order and I have taken care of my child from the start.  I pay the bills I handle school and I handle all appoinments no one knows of the father in this regard. However he needed a place to stay and he stays in my apartment we are not in any relationship and suffers from mental health .  HIs mental health makes it so he cannot work either and hardly acts as a father. His family since the begining has caused havic in my life his sister who lives in texas falsely reported me when my child was 2 and his mother did the same when my child was 3 on both occasions it was seen as false reports and i was cleared. However since then the mother has made continous threats. Now his mother has emphazema and wants me and my daughter to drive out her son and stay for a week in the state of Texas. Can she do something if i dont have a custody order if we go down to Texas what are my rights please help

James L. Arrasmith · Answer

Based on the information provided, here's an analysis of the situation and some key points to consider: 
 
1. Legal custody status: 
Without a formal custody order, as an unmarried mother in California, you likely have presumptive full custody of your child. However, since the father's name is on the birth certificate, he may have some parental rights. 
 
2. Interstate travel: 
Generally, as the presumptive full custodial parent, you have the right to travel with your child, including to other states. However, the lack of a formal custody order can potentially complicate matters. 
 
3. Risk of "kidnapping": 
The term "kidnapping" typically refers to the unlawful taking of a child by someone who doesn't have legal custody. In this case: 
- The father's family members (sister, mother) do not have any legal custody rights to your child. 
- They cannot legally take or keep your child against your will. 
- If they were to attempt to keep your child, it would likely be considered parental kidnapping or custodial interference, which is illegal. 
 
4. Precautions to consider: 
- Obtain a formal custody order before traveling. This would clearly define your rights and make enforcement easier if needed. 
- Document your role as the primary caregiver (bills, school records, medical records, etc.). 
- Inform trusted individuals of your travel plans and maintain regular contact. 
- Keep important documents (birth certificate, any legal papers) with you. 
 
5. Your rights in Texas: 
- Texas generally recognizes custody orders from other states under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). 
- Without a formal order, your rights as the presumptive custodial parent should still be recognized, but enforcement might be more complicated. 
 
6. Potential risks: 
Given the history of false reports and threats from the father's family, there is a risk they might attempt to file for emergency custody in Texas or make additional false reports. 
 
Recommendations: 
1. Consult with a family law attorney in California before making any travel decisions. 
2. Consider obtaining a formal custody order to clarify your rights. 
3. If you decide to travel, maintain clear communication and documentation of all arrangements. 
4. Be prepared to return to California quickly if any legal issues arise. 
 
Remember, while the father's family cannot legally "kidnap" your child, the situation could potentially become complicated without a formal custody order. It's crucial to protect yourself and your child legally before considering this trip.

Q: Im an umarried mother from california theres no custody order if we go to texas can fathers family kidnap my child