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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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my wife and i are separated and living in two different places.

Customer Question

my wife and i are separated and living in two different places. she has another man living with her to help her discipline the children because she is not able to handle them by herself. no papers have been filed at all. would i get in trouble for taking the children and moving them in with me, and turning in my 30 day notice on her place which she will lose because she has no job? this means that she will not be able to provide a home for them unless she lived with her uncle. am i within my rights to do this as a father due to the fact that i don't agree with another man being there?
Submitted: 7 years ago.
Category: Family Law
Expert:  Joseph replied 7 years ago.

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.


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Customer: replied 7 years ago.

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!

Expert:  Joseph replied 7 years ago.

Nope, as you were married, you are presumed to be the father and that gives you rights equal to the mother!


Best of luck!