I have one child from a previous relationship that I have full custody of he has 3 that he has custody of then we have a child togther we never married he has said he is going to have me evicted from our home I only have one place to go and that is Ohio I currently live in California can I move with our child and not be charged with kidnapping?

You have full custody so it doesn't sound like he can do anything about it

You will not be prosecuted for kidnapping as long as you keep him informed of your location. The only child that matters here is the child you had together. And you gave us little info about that child.

I'm assuming since you were not married that there has been no court action concerning custody of that child. Given that you have equal custody of that child. However, if he evicts you he can keep the child with him and you have little recourse but to leave without that child. What you need to do is go to court for sole physical and legal custody. And if he fights you, he can win.

How do you have full custody if you current live together ?

If you have full custody, does he have legal visitation. Is he living at home with you and child currently.

Even with "full custody" this does not mean he has no rights.

If you move, he could file for custody and ask for the child to be returned. So you risk a court order making you come back

I would go for custody before leaving. He can force you to come back and go through a custody battle. My daughters mother in law has to go from GA to Ohio all the time because she took her daughter.

Quote:

---

Originally Posted by Fr_Chuck

how do you have full custody if you current live together ?

if you have full custody, does he have legal visitation. Is he living at home with you and child currently.

even with "full custody" this does not mean he has no rights.

if you move, he could file for custody and ask for the child to be returned. so you risk a court order making you come back

---

I gather there are FIVE children involved here. One the OP has full custody of from a prior relationship. Three that the father has custody of by a prior relationship, and one that they parented together. It is only that fifth child that is an issue here. And, with that child custody should be established before moving.

My fear here is that the father will effect an eviction leaving the mother (the OP) no where to go and she will have to move leaving that fifth child with the father. Unless she can postpone the eviction until custody is settled by a court that is what is likely to happen. That will leave her trying to battle fro custody in CA from OH.