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Legally both parents have equal rights to their children. If there are no court orders in effect then if you take the child the police will not get involved because there are no orders as long as the father can show he is in fact the children's biological father, but if you take they took the children by force (depending on how much force) the could be problems with assault and battery, etc. I strongly suggest that you also file a petition in the family court ASAP to establish custody, and placement before the father does. So to answer your question, both parents have equal rights to teh children until a court decides what parent should have custody.
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