My son was born in California and I am unmarried. Currently I am visiting family in VA thinking about staying. I lived with the father in California and broke up recently, he turned my phone off and kicked me out of the apartment, along with our son. I was unable to contact him until I a few days after I arrived. I have not received any court papers, however he says he is filing them. Wondering if I am in the right to establish a residence in VA with my son of 8 months. He is also accusing me of kidknapping and said he has pressed charges. Yet again I have not received any notice... what are my rights?

Thank you

The issue is, he can file for custody in his state, he can ask that the child be returned to that state so he can establish a relationship with the child. So you and the child or you can send the child to live with him, if he files for this in court and wins.

He may not file or do anything, you did not kidnap so that is not true, but he can file for custody and file to make the child be returned

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Originally Posted by Fr_Chuck

The issue is, he can file for custody in his state, he can ask that the child be returned to that state so he can establish a relationship with the child.

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True only if he files before moving away...

If you notified him where you and the child were before he filed kidnapping charges or can show that you voluntarily notified him of your location he won't be able to make kidnapping charges stick.

But he may be able to compel you to return to CA. Do you have proof that he kicked you out of the apartment?

I don't have proof that he kicked me out other then my father helping me move my stuff out. However there is proof the turned the phone off. Don't know if that would help though. And I did let him know I was in va the first opportunity I had but it was 5 days after he kicked me out.