On birth certificate or not, he has equal rights to your child.
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Yes it happened to a girl I went to school with, the father had their son for a weekend sleepover and refused to give him back. It took her 6-9 months to get him back.
It would be parental abduction
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Unless itās established that which parent has full custody then both parents have legal rights. Also, it isnāt advised to leave state without permission from the other parent. You will need to establish custody and you will need to get his permission to take the child out of state because he is also a parent with the same rights as you. And yes if he has the child and will not let you see the child the police wonāt get involved because the child is his as well. He canāt leave state though without your permission. You need to get a lawyer and get this sorted out.
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it really depends on your demographic area I wasnāt married to my ex and I wanted to take my kids shopping across the US border and they said no unless I had a written consent sign from the father. which I went back and gotā¦ that was with no agreement we were dating at the time it really depends on the area
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No , if you are not married he has no rights till he goes to court to get rights. Otherwise itās kidnapping. Especially if he goes over state lines
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Iād look the same thing up but with your state
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Yes. As long as he signed the birth certificate.
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You need to speak to a lawyer. He had the right to be with his baby.
Depends on the state you are inā¦ where I grew up if you arent married and no custody agreement you have full custody
You need to file for temporary full custody until you two have an agreement. This would bar him from fleeing with your child.
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If their is no court order and you were never married then you have full custudy as the mother.
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Contact an attorney. Quickly.
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Can he? Yes. Will it stick or legal? No but it can take a hell of a fight to get him back especially out of state.
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Here in Iowa yes, he can. Go to the courts and get custody established
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To my understanding in Illinois, if paternity has not been established a father has no rights to said child. So if he were to leave the state without your consent, it would be kidnapping.
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No he canāt. You arenāt married and as the mother without a court order for custody, full physical/legal automatically falls to you. It would be considered kidnapping or parental interference
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Not in TN or FL idk about Illinois. Donāt go to work file for custody and see if they have a protection if stay? I think I what itās called. It says he stays with you until court determines custody and NEITHER of you can take him out of state.
Yes he can. He got just as much rt as u do. Sorry
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You have sole custody under Illinois law, until he takes you to court and files for custody. He canāt take the baby at all, especially over state lines. Parent or not, itās considered kidnapping.
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I suggest you get off of FB and get ahold of a lawyer TONIGHT!
No, he canāt take him out of state without your permission, because unless there is a court order, the mother has full custody and does not even have to allow visitation.
Yes he can. Unless you have full custody. I was really paranoid about this at one point (due to issues with my exās girlfriend.) I lawyered up real quick and was able to get sole legal custody. Without the court papers you and him have the same rights. He can also take your lo out of school, off the bus, etc.
I should mention that I am in the state of PA. It may vary state to state.
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Love how all these people telling her to go illegally file protection orders. No crime committed here. Hurt feelings and females think they are superior above men when both parents played and now they are separated and angry with one another. Has to be a agreement legally binding through the court system. Tired of females always thinking they can file charges against the man when in reality females are very hateful, spiteful, aggressive too
Itās 50% his son too, he has equal rights. Unfortunately most states are āmothers statesā and will side with the mom right or wrong.
I know that in NY he would be able to take the child from anyone that isnt you. I would go get a custody order asap
Yes. He can and there is nothing you can do unless he completely alienates you
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Itās illegal for one of the parents to take the child out of state
If you donāt have a custodial agreement ā¦ absolutely. Go to a paralegal and have them work up a mutual agreement. You both agree to terms, sign and bam your done. Cost me about $400 it was 300 and some change
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Varies from state to state, but in Mass, I believe for a child born out of wedlock & no court order - the law presumes that the mother has sole legal and sole physical custodyā¦
Yep. U can steal him back and forth until there is court order. Thatās how texas is. You may want to research your state or call and ask a family attorney to be 100% sure. I wouldnt go off Facebook legal advise. Ijs
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Even though heās on the birth certificate as the father and the baby does have his last name as long as you two aināt married he canāt take your baby cuz he has really no rights unless you go to court and the judge determines otherwise but different states and maybe different
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In Washington either parent can take the child even if they are not married if the father is on the birth certificateā¦
Custody has not been a stopwatch to if itās not gone through the courts so possession is 9/10 of the law including with children until custody is done in the courtsā¦
I went through it years ago
Yes. Both equals. Moms donāt have the upper hand.
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In Canada itās a free for all until someone goes to court.
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In Pa, unless there is a court order, then yes. He can. If he is on the birth certificate and you dont have a custody order in which stipulates who has custody, when, etc then he can take him and sadly, not return him.
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āWhen an unwed father signs the birth certificate, he is acknowledging that heās the biological and legal father of the child. His signing of the certificate indicates he agrees to the paternity of the child and is taking legal responsibility of the child. In this aspect, legal responsibility means he is liable for the financial support of the child only, and does not mean the father has legal rights to access or time-sharing responsibilities with the mother of the child.
For an unwed father to have legal parental responsibilities (such as access and time-sharing), he must obtain a court order defining his rights. To do so, the father must file a Petition to Establish Paternity with the court. Until such access and rights are granted by the court, the mother holds 100% control in the decision-making responsibilities and time-share allocation regarding the child.ā
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In Kentucky, the answer would be yes if he is on the birth certificate. I would call and speak to a lawyer. Not necessarily for legal action, but because they would know the laws regarding that stuff. Good luck to ya! I can only imagine how terrifying it must be to know someone is threatening to take your child while youāre at work
Nope. In illinois mom has sole custody whether he on the birth certificate or not. He need to prove you to be unfit in court. I divorced after 21yrs and he is not allowed to take my kids anywhere outside of Illinois without my concent.
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He can not cross state lines without your permission
Indiana always favors the moms by default. Otherwise I dunno much 
sorry this is happening!
Yep. Until custody is determined then it is kinda free range. Get a lawyer, immediately. Someone who can get the process started.
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since you were never married time of birth he was no legal rights until he takes you to court.
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Depends on your state. Iām in idaho and both parents have equal rights if heās on the birth certificate and signed the paternity affidavit, unless thereās a legal custody agreement. My ex took my son for 3 days instead of giving him back to me like we had agreed and I called the police . I legally couldnāt do anything until we established a custody agreement.
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In ANY state, if heās on the birth certificate, he has equal rights. Now, if he didnāt sign Thats different. As fucked up as this sounds, i refused to let my BD sign the birth certificate LOL heās a great dad tho
Yuppers. Go to court and file for emergency custody and get a court order custody agreement asap! The emergency custody order will prevent him from being able to take ur son till a agreement is in place with the courts
no marriage no legal rights to child unless court orders it doesnāt matter if heās on the birth certificate
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File emergency custody
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He canāt physically take him from you so if you dont hand him over then no. But if he has your son and leaves and thereās no legal agreement in place then technically heās not breaking any laws and can take him
Iām in Kentucky and if your son lives with only you, youāre the primary guardian. His father only has visitation rights.
In Illinois if the father can prove paternity - the paper they sign in the hospital or a blood test than he has equal rights and can do so. But legally has to inform you where your child is. Whoever has the child has the custody if there is no court order.
This is per Kane county sheriffs.
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If not married and never been to court mom had custody by default
yes he could - heās on the birth certificate, you have no custody agreement, therefore neither of you have primary custody, ; he could up and leave, and thereās nothing you can do - Iāve been through this
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You need to go to the courthouse and file for habits corpus papers. He who files first gets the child. If he takes off with him before you file he has that right.
If he is on the birthday certificate and you guys have custody agreement through the courts then yes
Thatās habits corpus. Sorry for the mispelling.
Youāll find more information on your state legal page than you will here with all these mixed opinions.
I know in Tennessee, even if youāre married and separate then the mother still has all rights.
If he wants any type of custody or visitation in tennessee then he will have to take you to court.
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no. youād have to sign a paper. consent. my mom moved to florida and tried to take me. she legally couldnāt or my dad couldāve taken her to court for kidnapping
Yes he is the father he has just as much rights as you do
Is there a custody agreement? If not you have sole custody. He canāt legally take your child without your permission. However cops are unlikely to take you seriously if you report it. Iād still report it. Itās parental kidnapping.
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Noā¦not if you guys arent married. At least not in florida he cant.
Unless there is a court order pertaining to custody and visitation, yes he could definitely do so. He has just as much right as you since he acknowledged paternity at birth.
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Yep. Go get custody papers like yesterday
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File for child support thru the child support office. It will give you a legal document stating you as custodial parent. Some states is custody by possession, my state is. I had a legal consult and thats what i was told to do
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Yes he can if theres no legal custody
Yes he can if he is on the birth certificate even if youāre not married
Mmm itās considered kidnapped. Especially if itās out of your state/province.
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Iām sure he could take the kid tho and file emergency custody. Then sheās have to fight for the kid back.
I was al wa ays under the impression that if you take a child over state lines without consent its kidnapping
If heās on the birth certificate and thereās no custody agreement. He can take that baby. Thatās how it is in PA anyways
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Yeap. But what a shitty human. Kids arenāt used as bait or spite
Go to the court house and file for full custody
No!!! You are primary guardian UNLESS you go to court and get shared custody agreement!! You can get him for kidnapping. I am in illinois as well!
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Look, I deal with cases like this often in both MO and IL. That said, I suggest you establish custody and visitation through the courts, immediately. Do not get a protection order unless you truly are a victim of DV, please just donāt. No matter what happens between you and Dad please please remember he is your childās father and your child deserves to have both of you. Your problems do not have anything to do with the love you both have for him. Be civil, be smart, and make it about the child not either of you.
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Depends on state law but if he does take your son, go to your courthouse and file for kidnapping. They may make you wait a certain amount of time but donāt wait more than 6 months because then technically your son is a resident of that state and you will have to file through that state.
Not over state lines
Unfortunately yes because neither of you have challenged and been awarded placement you both have equal placement. Get a lawyer and get an emergency placement hearing.
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Your getting a lot of bad information on here. Iād recommend looking up 750 ILCS and calling a lawyer for a free consultation.
Thatās where your gonna wanna get all your information from.
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It depends on where you are from. In Iowa, yes the father can take the child. He has just as much rights to the child as the mother. I went through this with my ex, was told he could disappear with her and there wasnāt anything I can do without a court ordered agreement
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It is whoever the child is with if no custody agreement, so yes he can!
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I was told by the cops when I went through it the matter if for family court and dont get involved he could have taken off with my child so I never gave him to him till he took me to court
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Minnesota is if your not married the mother legally gets full custody of the child. Until court. Then they decide if they get joint or half custody. I was lucky enough to be beaten n I have full custody of both my boys. He has to ask me for permission to take them out of state. Which we get along better now than we did when we were together. I hope everything will work out for you. I canāt imagine what your going thru.
Depends on state my son and daughter both have dads on bc but we were married and neither has legal rights to them
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Yes he can. If heās already threatening it get a lawyer and get a custody agreement.
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Go to court ASAP. Because if he is on paperwork he has just the same rights.
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In Kansas, Yes. When I went through a nasty break up with my daughters dad, he kept her away from me. I tried to get her from his parents house with police assistance. The police advised me that I wasnt even able to pick her up from them since her dad intrusted her care to them.
None of this was over state lines, though
I had to file a protection order against him to get her back (days later). Even the best situations can turn sour. Get a custody agreement asap
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They can n not even get in troubleā¦ if there in day care tho u can take him off the collecting part of your childā¦ but file for custodyā¦ they canāt take them more then a certain distance thoā¦ thatās in qld I had this issue last year
Questions like that needs to ask to a LAWYER
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Fathers and mothers have equal rights is most states meaning either can take the child until a court order is in place. Get an attorney to check for your state specifically and have some papers drawn up. This is not to be considered legal advice as i am not an attorney and can not give legal advice.
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The absolute best thing to do, is get a decent lawyer, and go through the court system. I was married, going through a divorce. Paid an attorney, over $5000, who ripped me off, and others womenā¦later was suspended from law, but didnāt do me any good at the timeā¦my ex kept my youngest son from me for nearly 4 yearsā¦even though we had the exact same custody right. It all came down to us living in different states, and him having more money than I did, and using fear tactics with our son. So, donāt listen to others, do what you need to do for you, and your child.
Yep. Court order asap. File emergency custody
I mean yall arenāt married legally you have full custody because you are the mother
Not in mass! If your not married than the mother has LEGAL custody
No he cannot! No parent can take a childās out of state legally without written 30 day notice delivered mail and signed for.
Go to court ASAP and file for custody
Yes you need to file for custody of your child
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In Illinois yes he can unless you get custody in courtā¦unless things were physical and you can get an exparte for you both n get court done in that time
Iām in Missouri and I know taking kids out of the state without the other parents permission is considered ākidnappingā which is a felony offense. I would look into your states laws pertaining to child custody agreements and legal rights. Because he is on the birth certificate that gives him equal rights but Iām not so sure about him leaving the state. He would need your written consent and it would need to be notarized. Also some states donāt recognize that either. Get to court ASAP.
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In Virginia, the parents do not have custody of their child until they file. Antone can file for custody of a child after he/she is born.
Since you are NOT married, it seems you have complete custody until he files for custody
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