Q: I would like to end my relationship with my kids' (8 yrs old and 7 mths) father and I want to take the children with me.
He's told me, if I decide to leave the relationship then the children must stay with him because we have all been living together at our apartment together for the past several years. I live in Michigan and I want to know if I have any rights being their mother. There is no custody order in place. I really do not want to get an order in place because I believe it will only cause more problems being that he doesn't want the relationship to end. I would like us to work out an arrangement with the kids without court involvement, but I don't know. What can I do? Can I call the police to help me, if I want to take the kids? Please help!
A:
The answer to your question depends on whether his is the legal father to the children. From there, unfortunately, it may become a race to the courthouse. Unless you are married, you as the mother would have initial custody of the children. But not, do not expect the police to help in this matter unless there is more going on (e.g. domestic violence). Custody is quintessentially a civil matter, and the police will typically refer you to the family court.
Remember, it takes two people to agree. Without that, your avenue for relief is with the court.
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