Question. I am not married, and my boyfriend and I just had a pretty bad breakup. He threatened to take my son and go back to Arizona. Can he legally take him from me if I was at work? He is on the birth certificate. We are in Illinois if that helps. I don’t know what to do.
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I don’t believe he can. I know at least in my state if you’re not married the mother automatically has full custody during a breakup. I would definitely check the laws in your area though
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It depends on your state’s laws, but most likely no.
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Well he wouldn’t have him alone without me until a court order was given on custody. That’s for sure!
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Without a parenting plan in place…yes
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He has rights just like you.
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You need to contact an attorney in your area
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U need to go file for custody cuz im pretty sure he can if there is no court order
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Yes if hes on the birth certificate
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It would be better to go to court/mediation and do it that way that way ur never unsure on what he can and can’t do.
Idk where you live but if custody’s not establish in New York he CAN and they will say to take him to court.
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Nope and just because he is on the birth certificate if he didnt fill out the paper work at the hospital for his rights he has no rights unless he goes to court
Absolutely if their is no custody
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If he does itd prob be parental kodnapping. Id try to press charges at least
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if no one has court custody of the child, custody of the child is pretty much who has him at the time!
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I think it’s equal rights if on birth certificate. So most likely yes until a court order is put down.
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You need to go to your local courthouse and get custody. This happened to a friend of mine. He took the baby, she had to go to court and get emergency custody. Then, court order in hand, the police told us that they can call and threaten him, but that was it. They don’t get involved in domestic issues.
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If he’s the daddy, he has every right as you. 🤷
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I would go to court and file for full custody so he can’t do that.
No y’all r not married
In situations like this normally whoever files first retains custody until the court date
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Without any kind of patenting plan or custody agreement, yes he can.
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Yes if he is on the birth certificate
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Cops would just say it is parenting not kidnapping and to take it up with family court.
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I would say he could since he is listed on birth certificate and without a parental plan in place.
That’s kidnapping. Call cops. Yes, he has rights, but there’s ways to correctly go about this
He’s his father and he’s on the birth certificate. Yes he can. 
nobody is gonna tell him he can’t… that’s why if you aren’t married you NEED to set up a legal custody agreement.
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If he tells you he’s taking him
But at the same time you could go get them back & get a restraining order where he cannot be around you or your son
Where I live yes. A father has just as much rights as a mother. Married or not. Name on birth certificate or not. Doesnt matter.
In Wyoming if there is no court order for custody who has the child physically has custody
If hes on the bc he has as much right to take him as you to
U need to go to court n Mike for temporary custody n telk them hes threatened to leave the state DONT WAIT
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He has the same rights as a legal parent
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If there are no court orders in place, he technically can. Go to court and get custody and visitation set up.
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If he does u have to fight in the court where he takes them in that state
In most states, if there is no court order, either parent can take the child when and wherever. It would not be considered kidnapping if he took the child with no communication. Its probably just threats but I wouldn’t take that chance.
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Without any sort of legal custody agreement, yes he can. Go file for custody immediately and he won’t be able to.
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Probably depends on the state laws, in missouri if your not married they can’t just take off with your kid like that even if he’s on the birth certificate
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Yes he can…but you should seek legal advise asap.
In Mississippi one parent cant cross state lines without the other parents permission
Go to court get a custody plan going he can legally take yalls child if no agreement is set and if he’s on birth certificate go to court and get a custody plan
Yep. Get a custody order ASAP
Depends on if your child has a passport if so he can unless you file a injunction saying he can’t leave the date. Just go down to the police station
Yes he can but even leaving state he could get in troble u didn’t give him permission to leave state
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If neither one of you have a custody agreement through the court then either parent can take the child and cops won’t do anything until a court date is set and custody is figured out. I’d be filing a custody order through the court ASAP
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Unfortunately he can unless there is a custody in motion or one already set, illinois is the worse state ,sorry u r going thru this ,best of luck ,word of advice go get u a order of protection for u both that will legally stop him temporary.
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Get court papers NOW
Yes. There is no custody established.
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You have sole custody. That is the law.
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Yes if he’s on the birth certificate he can in California as long as there’s not a restraining order in place.
Legally, yes in majority of states the unwed mother has full custody.
BUT this is where it gets sticky, police officers don’t handle civil issues such as this without a court order. So he could take the child and you would have to wait until court. In a lot of states a cop won’t intervene without a court order. Shoot even in some states cops won’t even intervene with a court order.
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You make a custody plan, but other wise I don’t see why he couldn’t take him and force you to re locate…
If paternity hasn’t been established in court I don’t believe he can just take ur kid. My daughters father is on her birth certificate and I had primary custody and if he took her I could get him for kidnaping
I was told it’s not kidnapping if he tells you where he is going so yes he can. Contact legal aid for assistance they helped me with legal advice it’s land of Lincoln legal aid
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In Ohio if you are unmarried the mother automatically gets full custody doesn’t matter if hes on the birth certificate or not
If there is not court established custody yes he can.
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File a police report and go to court asap
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Depends on your state. In ohio a father has no legal rights to their child until they go to court and establish those rights. Doesnt matter if they’re on birth certificate or not. Went through it already with the courts and a lawyer.
Yes and there’s nothing you can do. 🤷
Only go to court if you believe your son is in danger with his father or if he refuses to let you see your son otherwise talk it out
I’d leave the asshat … With my son… File for custody and child support…
No he cannot take child across state lines…
I would file a police report to have it on record…
I live in Illinois and had a situation where I had to see if the father was able to take my son without my permission. According to our county pd, regardless if he’s on the birth certificate or not, if you guys haven’t established anything custody wise in court and have never been married he can not, and it could be considered kidnapping. I’ve heard different but that’s just what I was told by the police. I would check into it and get custody established so you don’t have this problem again
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Unless there is court documentation putting limitations or he no longer has his parental rights he has the same rights to the baby as you. He cant kidnap the kid any more than you could
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In nevada it’s considered kidnapping. I would file a emergency hearing.
I calmed things between my ex and I while I went and filled for custody so FILE ASAP
You need to contact local PD immediately, I am in Iowa so I am assuming the law would be similar to yours as we’re neighboring states but that’s not always the case. If he is on the birth certificate, and with you two not being ever married then divorce papers showing anything different, that means you both have equal custody rights. Neither one nor the other is the primary custodial parent, so yes he could take the baby anywhere in IL and anywhere out of state however whenever he so chooses too. This also would mean that neither one could report kid napping, police would tell you this is domestic and they cannot help you, and to hire a lawyer. Please contact your local PD to find out exactly. And if the child is in daycare, the only hope you have for him to not pick up the child and leave is to remove him from any paperwork with the daycare saying who is allowed to pick up the child.
If there is no parenting plan and he is on the birth certificate then yes he can.
Signing a birth certificate doesn’t establish paternity/custody. It establishes responsibility. My children’s father did not have “custody” until we got married; until that point I was considered to have sole custody. However, he had claimed responsibility by signing the birth certificate. Meaning I could have files for child support. Once we got married, that immediately changed.
Please consult with an attorney in your state for the appropriate laws, as they vary by states.
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Get a lawyer but you both have rights to the child
Check with your local court system. In Florida the mother is considered the primary residential parent if the father and her were not married. I know this as my daughter went through this. Father refused to return their son and the police forced him to do so. Different states may vary.
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I know in wis they can. Not sure about leaving state
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I know in Pennsylvania neither parent has custody of the child until someone files so in pa he could not sure about your state tho
Call 911 and report he kidnapped your son. Then the cops will put out an Amber alert and if he doesn’t cooperate, then…
He can take him and keep him but ONLY in state. Once he crosses state line it is parental kidnapping.
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No, he cannot. Unmarried mother’s have sole physical, legal, and residential custody until a court order is established in IL
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Yes he can. You need to go to court and file emergency custody order assp. Nether parent has custody until it’s done through the court
If there’s no custody then yes. He has every right
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He can’t take your child from where you live and where the child currently resides. He does have a right to 50% a parenting time unless otherwise stated by a judge.
If there’s no legal custody agreement law enforcement can’t do anything. You need to talk to a lawyer ASAP.
He can so I suggest you get a lawyer & take him to court for full custody
I know in florida if you are an unwed mother you have sole rights and custody doesn’t matter if the father is on the birth certificate or not. So here he would be arrested on kidnapping charges.
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It’s his kin to why can’t I
Do not let him leave the state with that child. Call the police now n tell them you fear for your and your son’s safety and you want him removed from the premises. It is the ONLY thing that’s gonna protect your son from being taken until you have a custody agreement
Get a legal custody agreement in place asap. One that states he cannot take the child out of state.
He can take the child, it may be abduction but he can.
In Ohio no the mother has legal custody untill paternity is established thru court.
He appears to be using your child to control you. You need an attorney.
I’m in Wisconsin and there is no “primary” parent without a court order. And Illinois system is identical to ours when it comes to family court.
Every state is different. You need to look into the laws. Such as Florida the mother has custody if her and the father of the child. If married it has to be filed with the courts and a parenting plan in place.
I don’t know about in Illinois but in Texas the father has as much right as the mother does and he can/could take him wherever he wanted to as long as he’s on the birth certificate
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Actually in every state as long as the mother is un wedded the mother has sole custody physical and legal
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Nope. Not unless paternity has been established. Buuuut…every state is different.
He can take him as he has a legal right but not out of state without your consent. I’d start researching lawyers
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It’s not just where you live but where he goes. In Arizona, he has rights and if he gets him there before you stop him, then it becomes a messy inter-state situation.
It’s not kidnapping. His name’s on the birth certificate. If he leaves state with that child she’s going to have to go wherever they end up and find somewhere to live there for up to a year while she fights for this child in family court. I promise y’all it’s happened to at least 4 people I know.
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In Kentucky if your not married he has no rights to that child till it goes to court
Not sure about Illinois but if there is no visitation or custody set by a court then he can take the child, not out of state but he can keep the child until the court decides custody. Paternity tests dont need to be administered before hand if father is listed on the birth certificate, unless you express a concern that he is not the biological father.
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Call the police station to ask to make sure. If he can don’t let him ever take the kid anywhere til you get a custody agreement in place.
Yes go to the courts asap to say he cant take him out of state and get custody set up
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Yes ma’am he can, Get an attorney and file for custody IMMEDIATELY
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