QUESTION
Do I have any rights to get my children and my things from a home that we live in for over a year but my name is not it?
Asked on Sep 30th, 2016 on Landlord and Tenant Law - Michigan
More details to this question:
I was planning on moving my children out the house for some time now. My boyfriend and I have been arguing a lot lately because he has anger issues. He doesn't want me to work, and wants to control me. During recent times he would fight me. I know this is not healthy for me, my 2 year old, my 10 year old or him. I decided to tell him my plans on moving because communication is important. He acted like he was okay with me moving out to my mom’s but the day I was packing my things, he took my personal phone, debit card, etc.
2 ANSWERS
Of course you have the right to take your children, possessions & leave. If necessary contact local police authorities for assistance. Just be present to prevent his interference. If they refuse, try local women's shelter for help.
Answered on Oct 25th, 2016 at 6:32 PM
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He has committed a felony by interfering with your right to electronic communication by taking your phone. He has interfered with your right of freedom of movement and essentially held you captive. Those should be or should have been reported to the police. If the children are his, and you are not married - even if he signed the Affidavit of Parentage and/or the Birth Certificate - he does not have any legal custody rights unless and until a court gives him those rights. He cannot legally stop you from leaving and taking the children. If he is not the father, then he has no custody rights whatsoever and cannot legally stop you from taking the children.
Answered on Oct 25th, 2016 at 6:31 PM