Family Law Questions? Ask a Family Lawyer Online.
As the biological father, your rights are equal to that of the mother. As no pleadings have been filed with the court, no court orders regarding custody are in place. With these things in mind, you are permitted to place the children with you if you deem it appropriate.
While you didn't say this was your intention, it is important to make sure the mother knows where the children are at all times. So, make sure she is advised as to their location upon placing them with you.
Additionally, if you have the lease/rent in your name, you certainly may end that contractual arrangement pursuant to the terms of the contract.
I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!
This is exactly what i needed to know. I thought as the father you had no rights with the children if the mother decided to leave with them. I thought that the law agencies would always side with the mother. Thank you very much!
Nope, as you were married, you are presumed to be the father and that gives you rights equal to the mother!
Best of luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).