2004 CA FL-260 S-2025

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A mother can only keep a child away from their father in California if there is legitimate concern about the childs safety because of the fathers behavior. Withholding visitation because of reasons deemed unrelated to a childs well-being can come with problems for the parent withholding visitation.
When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.
In the absence of any court orders regarding custody, technically you can move without his permission. He has the right however, to file for custody orders which may result in your having to bring the children back to CA. Simple answer - yes you can move. More complicated question however, is whether you should.
In California, paying child support does not mean that you have the right to visitation with your child. Your child support payments and visitation status have no link to each other, so if you do not have custody rights or visitation of your children, you may still be required to pay child support.
You can respond by filing a Response (form FL-270) in court. If you dont file a Response within 30 days of getting these papers, the Petitioner can ask the court to decide the case without your input. This is called a default.
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To decide what is best for a child, the judge considers: The age and health of the child. The emotional ties between the parents and the child. The childs ties to their school, home, and community.
Sole custody is also known as primary custody or full custody. This is an arrangement where only one parent assumes responsibility for the children. You may be granted physical and legal custody or only one and not the other.

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