What are my rights

I am in california and I have been with my boyfriend for three years we have a 2month old. We are on very rocky ground and I am ready to leave. My sister has offered me a job and a place to live but its about 8 hours away from her father. Can I do this? and do I need to get child support and custody of her before I go?

[I AM ALWAYS LIABLE]

Originally posted by ycats315
I am in california and I have been with my boyfriend for three years we have a 2month old. We are on very rocky ground and I am ready to leave. My sister has offered me a job and a place to live but its about 8 hours away from her father. Can I do this? and do I need to get child support and custody of her before I go?

My response:

This is a matter of "jurisdiction" in the county where you currently reside. Since you are not married, and since there are no court orders yet concerning custody and child support, you are certainly free to leave at any time you like. However, be aware, that due to the fact that the county where you currently reside has jurisdiction of your child, you will undoubtedly be compelled to return to your original county if you move away, if he files for custody and support in your current county after you leave, and before you can establish jurisdictional residency in your new county.

To make this transition as easy as possible, you would do well to file your action for paternity, custody and child support now, before you leave, and have those matters behind you. If you move, you would need to establish residency in your new county before you could file your Petition, which takes 3 months to accomplish. In the meantime, he could immediately file in your current county.

Be aware, however, that your boyfriend will have an equal chance of gaining custody and support from you - - no matter where or when the Petition is filed. Parents have equal rights, and that is the way a California court will decide the matter.

Good luck to you.

IAAL