Separating and unmarried with kids

Hello there. My ex and I are unmarried with two children. He refuses to move out after our break up and I want to know, if I move out on my own with the kids, can he come take them from me? He does not have a job and the lease for the home we are staying in is in my name. His name is on the birth certificate for both children. Thank you!

Without a court order, either parent can take the children. But you could also decline his requests to come to your new residence and take the children. It would be wise to file a custody action in order to have a court order with a clearly defined and enforceable custody/visitation schedule.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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