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Answered 2006-09-08 01:17:31

I think what you're saying is that there is no court order in place. If that is the case, then neither parent has legal custody, so who ever has the children then has custody. So, if the children were to return to the mothers care, or if the mother were to obtain the children she would then have custody. This is the case in North Carolina. I can't speak to other states. However, I would like to issue a warning. It is in the best interest of the children for the parents to come to an agreement about the custody of the children. Parents who are separated should still work together to ensure the well-being a safety of their children. If the mother is a drug user, has a violent boyfriend, or anything else that might put children at risk, then be warned that if the mother does remove the children from the father unwillingly - it is likely that he will make a report to Child Protective Services. If CPS finds out that the mother is an unsafe caregiver, it is likely the department will place the children with the father and give him full custody - with a court order.

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