Can my boyfriend legally take our son?

Yes. And the police cant do anything as it’s a “civil matter” that has to be settled in court.

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He can but if he does you call the police and get him arrest for kidnapping and then go get your son .

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Go to court house asap and file for an emergency custody agreement stating he cannot leave the state and you have sole custody

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In Iowa (unless changed), as long as fathers name is on certificate there is really nothing you can do. I know several friends who has been in this situation

Firat if all, he’s BOTH your son. Not just yours and not just his.
If there’s no court order, he can do What he wants, as can you.
See a lawyer asap. And I suggest you tell your ex to do the same.

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Yes he can he has the same rights as you go to a family lawyer if you don’t have money for one go to the court and ask for assistance for family court

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No he cant unless you are married. My step daughter went thru that once and the father was on the birth certificate and the cops told him if he took the kid he could get in a lot of trouble

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Jesus girl this is serious. Get a damn lawyer or at least the free 1hr consult that most offer. You’re not going to get any legit info on facebook🤦 Good luck. I’d be terrified tbh.

If he signed that birth certificate, he has equal rights.
I suggest you file custody paperwork ASAP! I’ve had this happen to me. If he takes the child, it’s not illegal. Nothing you can do expect begin the process immediately.

If he left, Once you file through courts, he would more than likely (in MOST cases) be summoned to return to original state until custody is established in court.
Ince custody is settled and time sharing set in place, If he then decides to leave he still has to abide by the custody agreement and most likely would be responsible for paying transportation back and forth.

Now if there’s threats or ever physical violence, you can file an emergency injunction which will give you temporary custody

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Technically yes if custody isn’t established then you’d have to wait for court proceedings. Best thing to do is go file today! Then he can’t once it’s filed w the courts.

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Contact IL DHS. Get paternity and child support order. If you’re on any type of public assistance that should have been done for you.

In illinois until paternity is established you have sole legal and residential custody. Get a lawyer even though hes on the birth certificate

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I know with our parenting plan unless you have specifics on who has the kid when and you have to both live in a certain state there really isnt much law enforcement can do…they will say it’s a civil matter and take it to court. Unless you have in the plan that law enforcement is to be involved if it is the other parents time then they can enforce it.

get full custody he won’t be allowed to take him with out it being abduction

If he is on the birth certificate then Yes he can! Because y’all have equal rights to the child and no custody papers. And he can legally keep him from you too until court. You can also do the same. This is the law throughout the whole USA.

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Short answer is yes. Without a custody order, neither of you have primary custody and if he is on the birth certificate he could just take him and leave. You need to go get custody papers.

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Talk to a lawyer they will know your state laws… Your gonna need a court order anyhow…

From Illinois, No he can not. Illinois is a very womens right state. Even though hes on the BC he has to have a DNA test done to prove paternity THEN get your approval, if you deny him he can go to the courts but like i said Illinois is pro women and will more than likely start him off with weekends.

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Yes he can as long as the baby willingly goes to him he can. Unless you go file for custody.

He could get in trouble, get a. Custody plan. Parents usually cant take child out of state like that.

File a parenting plan before you let him take him alone.

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Nope according to Illinois law even with his name on the birth certificate he still had to go to the court to establish custody of any kind. Until then since you are unmarried you have sole legal and residential custody.

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In some states if you’ve never been married, the custodial rights are with the mother. If no rights or custody has ever been set, regardless of his name being in the certificate , the primary is you. I am unsure of your state

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It depends on the state. If they are a mother state or not. In South Carolina, even though my fiancée is on the birth certificate, since we aren’t married he has no legal rights. He can’t take him and move or try to keep him from me unless he proved that I was a unfit mother or something like that. Check into your state laws and custody laws in your state

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My fiancé/baby daddy is on Recognition of Parentage and the birth certificate. Because we’re not married I was advised that he doesn’t have a say if you take the kid right now, until he goes to court. He has rights as the father but right now you can walk.

Until you go to court you both have 50/50 custody and the police will not get involved unless there is a court order they will tell you to go to the courts and fight it out. So you do need to speak to a lawyer or go to court and get a protection order and if and when you have a judgement and he takes your son then the law will intervene. I would also do it quick cause he can show up at your child daycare and if they give him the child and he leaves the state it will be harder for you to get your child back so protect yourself immediately. It’s an expensive process if you do not protect yourself now and he has your child in another state. Every state has different laws so familiarize yourself with your state laws and act quick.

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Call the court they will tell you your leave rights

I would think he has the same rights as you would because he is listed on the birth certificate.

Arizona law says yes, unless you have a custody agreement. I do not know about Illinois law. File for custody immediately, before he tries anything.

Either way, definitely time to get a custody agreement drawn up. This way you won’t have to deal with threats.

In my state you have to go for custody if not nobody has custody both of your parents and both of you have the same right, can take kid any time

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If she isn’t married to him she has custodial rights. He will have to take her to court.

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Unless you have a established something through the courts parents have equal rights. Anyone that says otherwise is not very well informed.

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He can’t up & leave even if he is on the birth certificate. Consult a lawyer

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Apply for emergency court order

If he does it is kidnapping

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Yes he can because there is no custody agreement. The police wouldn’t be able to do anything because there is no court paperwork stating where the child should be.

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Arizona has pretty strong laws in favor of moms. I know of a situation where the dad is amazing and has a stable home and the mom is awful , neglectful, immature and constantly having more kids she can’t care for and she has custody.

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Nope not in Canada anyways

Technically by law in North Carolina, if the child willingly goes to father of child (father on the bc), or whoever has the child gives the child to father willingly, then yes father can take the child if no court order prevents it, until court changes the custody order. However, father can NOT take child from mothers property without permission, unless the courts have ordered restrictions on the mothers custody. I dont know about your State. My best advice is keep these messages or record him saying that and get a lawyer immediately

Yes if you dont have custody threw court

Noone has custody so yes he can leave and not come back and u could never see your son again honestly .

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Go get actual advice from someone qualified… If your worried don’t leave the child with him

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Yes he can without a custody agreement I suggest getting 1 immediately

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No he cant. I’ve spoken with a lawyer. Police will be involved but they will give the baby back to you

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You have full custody, because you aren’t married. Look it up. I know all about Chicago. He can’t do anything unless you are unfit

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File now for custody

If you have no custody agreement, probably.

He can take him. But as soon as you went to court he’d have to come back because you are an active parent. The same for him, you couldn’t just jump state and take your son. A parent can’t just leave state and stay gone because they want to. I was in this situation.

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In TN, the mother is automatically given primary custody of the child if unmarried even if the father is on the birth certificate. He has to take you to court for custody/visitation. I’d talk to/hire a lawyer hun. You’re gonna need one.

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Looked up some information for you,

Idk Arizona laws but In jersey he wouldn’t be able to it would be kidnapping. Court or not established doesn’t mean anything here. If the child is born here the child stays here unless going to court to file to move.

No he can’t he will be charged with kidnapping.

I’d go seek legal advice asap get some orders in place to prevent him doing so

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Yes in Colorado. Look up your state laws

No he can’t your not married

Yes there’s no custody agreement.

Illinois is a mother state

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I wouldn’t let him have him until u get some kind of custody agreement in place just to be safe.

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This is in the state of Georgia. I know my husband had to petition the courts to be legitimized before he had any rights since he was not married to his daughter mom.

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No he cannot leave state without your permission

Go to an attorney in your State

File for custody or even joint custody once it filed no one can leave state with him

Yes. He absolutely can. You can file an emergency injunction to keep him here. Not being married means you both have custody. It no longer defaults to the mother in any state.

I would talk to a lawyer not facebook but no lol

In Illinois the mother has sole legal custody unless the father files for custody or for visitation privilege in court. His name on the birth certificate just means he’s established paternity. Allowing him to file for custody or visitations. I’m from Illinois and had child with my then boyfriend (now husband) but this is what the hospital told us when I signed the okay that my husband was our daughters father.

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Take him to court for a custody agreement. Without one he can legally take him.

Yes he can. He’s listed as the father, he has just as many rights as you do. The cops will NoT get involved if there is no court order. It would be considered a “civil matter” and their hands are tied. Get a lawyer and a sitter, and do not tell your boyfriend who is watching your child!

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If there is no custody paper on the child…yes he can

Go to court and get a CO in place right now. Yes he could take the child and not give the child back to you. Yes he can take the baby out of state.

Unless you have a court order with custody im pretty sure he can .

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No you have full custody unless it is established otherwise in court.

No he cannot leave state without your permission

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He can but he needs proof the baby is his

I know here in Alabama. If both parents are on the birth certificate and no custody agreement is in place. Either parent can take the child away and the other parent would have to go to court to get this settled. The police won’t get involved. Good luck.

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IL you can’t take the kid out of the state without an agreement. Take ur child and leave to someone’s house and go to court now.

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Unless you have a court order stating he can’t be taken across state lines then yes he has rights and he can take him and no one can do a thing about it. It sucks I know I have been through it.

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Not sure what state you live in now but in Ohio if parents are not married and there is no agreement then the mom has full custody of the child

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Ohio law says if a baby Is born to unwed mother they have full physical and legal custody until established otherwise in court.
Look up your state laws they are listed pretty clearly.

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Contact your child care provider that only you can pick your child up. When I picked up my grandchild DIL had to give permission for me to pick her up. So let your child’s provider know just you can pick up. He might just be threatening but be safe. Maybe even change where your child goes?

Unless there is a court order he sure can…I went through this year’s ago the police wouldn’t do anything cause there was no custody arrangement through the courts :weary:

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Yes. If there is no court order and he is on the birth certificate he CAN take your son. You’d have to get an attorney and fight to get him back. This happened to me and yes, he can legally take him.

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Without a custody agreement in place, by a court order, both parents have equal legal joint custody. So yes he could take your child because the child is his child as much as they are yours.

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Call the non emergency police, and explain the situation to them and see what they recommend. Also get ahold of my lawyer

I would say OUR son…your kids not Property…we don’t know your parental skills…Facebook jury won’t validate your justification…

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I’m from Illinois and is his name on the birth certificate? If so yes he can he had just as much right’s as you do

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Not sure why the fuck anyone would laugh at this. He legally can take the kid because he is the father. You need to take him to court. File for sole custody or shared custody. Then he won’t be able to take him over state lines.

He CAN NOT LEAVE THE STATE IN WHICH THE CHILD WAS BORN WITHOUT CONSENT FROM THE MOTHER! If he does and refuses to bring your child back, it’s considered kidnapping and the state WILL make him come back to Missouri…

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Have a consultation with an attorney but in Missouri if there’s no LEGALLY established/binding custody order then whomever has the child has them. So if you have him your ex can’t just come take him from you and vice versa. Also if you’ve given a 3rd party procession of the child, daycare/sitter etc, he can’t take the child from them either so long as you’ve documented it with your provider. BUT if you give him the child for any reason just know he won’t be forced to give him back to you either. People don’t understand that if there ISN’T a legal order in place to enforce the law will do NOTHING and consider it a domestic issue, telling both parties to take the other to court! But I don’t know the laws for your state so best to play it safe. Research tonight and talk to a lawyer as soon as possible!!

He can he is the father. Either one of you can unless u file a complaint. However anytime ur at work he can legally go get the kid from where he is at and the person who has him is not legally allowed too keep the kid from leaving with the father.

Don’t take internet strangers advice and just let it ride. Get a custody order in place immediately, or you run the risk of having to fight your heart out just to see your kid. Good luck!

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In NC yes he could. I’m not sure about other states.

You can take the child, so can he.

If you don’t have a custody agreement he can. So you better call ASAP and make one. But… he also would have to explain why moving would benefit the child. If your worried about him taking the child I’d hold off until court. If you have already been to court and have an agreement and it has been added, then no he can not. Then if the custodial parent (you) doesn’t give permission then the non-custodial parent (him) can not take the child out of the state. Same going the other way. You won’t be able to leave the state with the child without the other parents consent.

Leaving the state would be an issue. Him taking him while remaining the same state, no. You both have equal rights if there are not any custody papers… the bc gives equal rights, a judge would determine custody. Now, he can cross state lines and file for custody in the new state, then that will be a lot of red tape and hoops. My suggestion is to go to the county clerk, or speak with a lawyer, and file for a custody hearing… like yesterday… to prevent him being able to do it somewhere else

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If he’s on the birth certificate Id bet so

Just looked it up and no he can’t. Because you guys aren’t married you technically have sole legal and residential custody until he takes you to court and a paternity is done

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