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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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In the state of Michigan an unwed mother has a 1 year old,

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In the state of Michigan an unwed mother has a 1 year old, stays home with the child and lives with the baby's father but now the father wants to put the mother out and keep his child. Who has more custody rights?

The rights of biological parents are equal, neither the mother or the father have rights that are superior to the other. So, as to that, the mother and father are equal. Having said that, there are a couple other issues that should be addressed.

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As to who would prevail in a custody dispute, the mother appears to have the better position. When making a custody determination, a judge will look at many things. Perhaps one of the most important issues is how the care of the child was handled while the parties lived together as a family. If the mother "stays home with the child", then she would likely be considered the primary caregiver and would then prevail in the issue of custody.

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As to the home, the father does not have the ability to "put the mother out". As she resides in the home, she has the legal right to stay there. This is true whether the father is the owner of the home or the only person on a lease agreement. In any event, the mother is a legal resident and the father would need to have her removed in a legal fashion, such as through an eviction action.

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Customer: replied 3 years ago.


I am her parent but we live out of state about 4 hours away. She wants to leave with her child and come stay with me and her mom since he does not want her there. We are well able to take care of them both and have a very stable home environment so she can go on to college. Is this a problem with us being so far away from the father?

In and of itself, it isn't a "problem" to move four hours away. Having said that, if she does move away, the father might file a paternity action with the court and request that she move back. It would then be up to a judge to determine whether she would need to return. In making a decision, the judge would examine the best interests of the child.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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