If you are going through a divorce, what about the kids? If you are thinking of leaving the family home, and there are not court orders in place, then both parents have rights to the kids. Hopefully, the parents can work out an agreement without help from the court. If they cannot, then there is basically a tug of war, which is not healthy for your kids. So, if you cannot agree on a permanent parenting time schedule, you can hopefully decide on a permanent schedule. But if one parent leaves the family home, yes, you can take the kids but let the other parent know what you are doing. Remember that the court can always do a look back and consider your behavior in a rear view mirror to make sure you acted in your children’s best interests.