What is the procedure for a single mother to take her baby out of California to stay with her mother in Virginia? Can she file for custody in Virginia or must she file in CA where the baby was born?
Answer
That depends on the status of the father. Is there a legally officially established father, such as by a filed form CS909 Declaration of Paternity, or a paternity judgment? If the father is legally recognized that makes the situation VERY different than if the father may be known but has no official legal standing.
Answer
Your best approach is to file and serve a petition for paternity along with a request for order to move out of California. Please meet with an experienced family law attorney to explore your legal options.
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