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confused. need answers

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confused mother

Junior Member
What is the name of your state? California


I have a 5 year old son, who my mother says can't move out of state with me. My boyfriend and I have been together for 3 years, soon to be married. He wants to move back to Oregon with me and my son. I want to, but i'm afraid. My sons father denied him when i was pregnant. Saying the child wasn't his. He has no proof stating he is the father. Example:no name on birth certificate, and no other documentation with him saying he is the father. My mother says if i move out of state, he could file kidnapping charges against me. Is this true? Can I still move or do I need his permission?
 


I am not atty, but based on other answers to questions like yours this is the conclusion I have come to. Somebody please correct me if I am wrong. If no one is established the father, then you are the only one w/ rights and can do as you wish. He could only charge kidnapping, if there was already a court order in place barring a move w/o permission from the court. Your mom sounds like she is trying to control you, you should be alright to move, he can't file anything on you.
 

LdiJ

Senior Member
confused mother said:
What is the name of your state? California


I have a 5 year old son, who my mother says can't move out of state with me. My boyfriend and I have been together for 3 years, soon to be married. He wants to move back to Oregon with me and my son. I want to, but i'm afraid. My sons father denied him when i was pregnant. Saying the child wasn't his. He has no proof stating he is the father. Example:no name on birth certificate, and no other documentation with him saying he is the father. My mother says if i move out of state, he could file kidnapping charges against me. Is this true? Can I still move or do I need his permission?

Your mother doesn't want you to move with your child....so she is attempting to scare you into not moving.

No, you absolutely cannot be charged with kidnapping by dad.

However, if your son's father is actively involved in the child's life, then yes, he could establish jurisdiction in CA and possibly attempt to stop you moving the child out of CA.
 

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