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There are no laws specifically addressing this, however, if the parents are married, they have joint physical custody of the child, with no greater right than the other to keep the child. The children should have time with both parents unless some sort of abusive behavior is a factor in the separation.

If the parents are unmarried, things get a little sticky. Unmarried fathers have no legal rights to the child because their paternity has not been legally established. That is the result when a legal marriage was NOT chosen prior to fathering children. Hence the too common new designation, baby-father. Legal marriage creates legal parental rights. Baby-fathers need to commence the process in court: to establish paternity, visitation or custody orders and orders for child support.

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Q: Can the children choose where to go during separation of parents?
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