Me and my daughter's father are in the middle of a custody battle so there has been no agreement and that I know of there has been no declaration on who has custody of my daughter. I the mother, have made the decision to move.out of state about 2 weeks ago and I know without her father's permission I can not take my daughter with me therfore I'm leaving her with her dad. He says he only has one day off this week and I leave in 2 days, with everything going on it has slipped my mind to file for emergency court order to let the court know I am moving out of state and my daughter will be staying with her dad. Can I get charged with abandonment for this? Evan if her dad already knows and has not objected to it?
I am confused, but want to help you. If there are no court orders for custody, you are technically allowed to do anything you want. However, if you move out of the State without dad, he can go into court on an emergency basis and the court might very well order you to bring the child back to California. It is always smart to file and RFO with the court to get orders allowing you to move out of state with the child. Keep in mind, the court will want to know why you want to move, whether the reasons are "profound" or "whimsical" are going to effect the Courts decisions. Also, the relationship and present visitation with Dad and the child will be a huge factor. If dad has not seen the child in 6 months, that would be a problem for him, and you would likely be allowed to move. If dad enjoys regular visitations with the child, it will be much harder to get an order taking the child out of state.
If you have no Court Orders in place, it's hard to imagine how you are in the middle of a custody battle. I think you ought to carefully check your records. If you are leaving your child with her father, then I do not see any obvious problem that slaps me in the face. If you attempt to take the child, then there could be serious problems. The virtue of you taking off though could certainly ampere your future pursuit of physical custody of the child.
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Your absence might be used against you, but normally this would not be considered abandonment if it is only temporary. See my AVVO Answers and Legal Guides on interstate child custody jurisdiction for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Answers and Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides" or “Answers.” Scroll down the list of my Legal Guides or do a topic search in my Answers and select those which are relevant to your question. If you like my Answers and Legal Guides, please make sure you mark them as “helpful” or “best answer”. Thanks in advance for your support. © Bruce Clement
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