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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.
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.
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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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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