Can he take the children from me if I move in with another guy? 6 Answers as of February 03, 2014

I have children with a guy. He signed birth certificates. We split up about 3 months ago. He has not seen or asked about the children. I have been asking when he is going to see them. What are his rights? I do not plan on getting child support or anything from him. I have known this other guy longer then I know children's father. What should I do? I do not have a place for me and children we have been staying in different places.

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
As long as your new boyfriend is not a health or safety threat to the children, there's no reason why you should not cohabit with him. Please double check any existing court orders.
Answer Applies to: California
Replied: 2/3/2014
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
No, he cannot take them away from you just because you move in with someone, unless that person somehow poses a danger to the children. As for the father's rights, if you are in Florida, you should consult my website for more information on that subject. Technically, he has equal rights with you, but they need to be established by a judge.
Answer Applies to: Florida
Replied: 2/3/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Go to a women's counseling center and understand what issues you may have personally. You need to provide for the children and if you cannot do it on your own, then you have to get child support from the father. Unless of course you want CPS to take them away from you. File immediately for custody and child support and don't worry about the man who apparently doesn't care that he is a father and has obligations to his children. If nothing else, talk with a local attorney about your options.
Answer Applies to: Idaho
Replied: 2/3/2014
Attorney at Law
Attorney at Law | Frances An
No, he cannot take the children from you just because you move in with another guy. Only if the other guy is a child molester, or has a bad criminal record. If he is an okay guy, you are ok.
Answer Applies to: California
Replied: 2/3/2014
Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
You can move in with the other guy as long as he is not a "danger to the children," e.g. drug user, convicted sex offender. You should go get formal custody order in place. You can go to the court house, obtain the packet, fill it out and serve it. While you may not "want" child support, the custody order is crucial because as it stands now, without a custody order, if the father comes and takes the children, there are no contempt actions or criminal actions for you to pursue.
Answer Applies to: Oregon
Replied: 2/3/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    If he is on the birth certificate and there are no court orders then he has the some legal rights as you do. In order to prevent him from running off with the children, you should get a court order. How is it in your children's best interest for you to not get child support?
    Answer Applies to: Texas
    Replied: 2/3/2014
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