Is there a law in California that prohibits my daughter, from moving to Georgia with her baby without the father's consent? She is not married to the father, but lived with until recently. The baby does have his last name and he signed the birth certificate.

No she can move.. but then again he can file and she will either have to move back or give up the child.

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Originally Posted by grandmagump

Is there a law in California that prohibits my daughter, from moving to Georgia with her baby without the father's consent? She is not married to the father, but lived with until recently. The baby does have his last name and he signed the birth certificate.

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It's far more complicated than that. If there is no court action filed to establish paternity then no, there is no specific statute that prohibits your daughter from moving to Georgia. But if the dad contests the move and files an action after she leaves she might be compelled to either move back with the child or return the child to the dad. If the dad files and serves an action to establish paternity before your daughter leaves the state with the child, then yes, an automatic temporary restraining order will go into effect prohibiting her from taking the child out of the state without the dad's written permission or a court order, which is enforceable as a contempt of court, if violated, or as a felony/misdemeanor in a criminal case.