Can my boyfriend legally take our son?

I really don’t understand how people can have a kid & not understand that it takes TWO people to make one. Dad has just as much authority as mom over the child they created. Obviously the father has rights unless they’ve been taken by the courts.

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Get your butt to the courthouse to get a custody order in place stating YOU are the sole custodial parent. Narcs LOVE to threaten. They talk a LOT, but they don’t walk the talk USUALLY.

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In the state of NC (from what I have witnessed) if the father is on the BC he can take a child from anyone who isn’t the parent. They told the mother of my niece that her father (my exbil) could take their daughter anywhere he pleases and there is nothing they can do without a court order. All because he asked to take her to Florida.

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Depends. Look at the custody law for your state. MN the father has no rights even on birth cert if not married… And they have to go to court to get the rights. It would be kidnapping if he did.

YES!! He can. He is on the birth certificate then you both have equal rights. If he takes that baby there’s NOTHING the police will do because it’s a civil matter. The ONLY thing you can do is take him to court and establish custody. I know this from experience. Where at in IL are you? I might now a good lawyer in your area…

You hear of thise happening way too often.i would not risk it and get court order

Yes as long is theirs no court order of any kind

Some states have laws about crossing into another state with the child without the other parents permission. Even if the child is accompanying the other legal parent.

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He can if you let him don’t leave them anywhere that Dad can get him from.

He cant take your child and go to another state without your consent. Its child abduction. There is a thing in that law though he can go and visit he cant just take him away from you call a lawyer and file for full custody.

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Get a lawyer and go to court. NOW.

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Minnesota is a mother state

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A mom is scared to lose her child. Why the fuck is anyone laughing at that!?

Skip work and get a court order. ASAP

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Illinois is a mother state as well.

He can take the child unless u file for custody.no one ever has custody of their child unless they file legally

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Same situation with my son and the mother of his child which I adore. She threatened my son to take their baby back to her country. Even though she was just bluffing but my son didn’t take a chance he had a written agreement at the lawyer . And now both can’t leave the country without the other person permission.

If he takes him from the state he can get in to trouble but you need to get to the local courts and get an agreement in place ASAP

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Was he threatening towards you in any way? If so, you can get an emergency order of protection for now until you can figure some things out.

Don’t leave him with him. If he takes off with him your basically shit out of luck until you get a court date! Happened to a family member of mine!

He could until a court agreement is in place. I’d suggest leaving the child with someone else you trust or even calling in until you can get an order in place. If he finds out where the child is, and tries to pick up the child, the other person can’t stop him, legally. He has just as much right as you without an order in place.

Look at your state laws. In ohio if your not married the mom has full custody of the child.

The only way the cops will do anything is if there is a custody order in place. Without that, he can take him and you will have to take him to court and get custody set up before you can get him back. The cops won’t be able to do anything because both parents have full rights to the child until a custody order is made. But also, you can do the same. If you’re that worried you can keep him away from him and immediately go to the court house and set up a date.

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No you have custodial custody, you have to go to court to be able to take a child out of your state

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Also just a tip. Try to only communicate thru text messages so you can have proof of him saying he will take him. That would be good to have in court. If you think he’s a danger to you or your child, and can prove it, you can get an order of protection.

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He can but without your permission it’s something called criminal restraint of a minor… at least in Maine

Obtain the services of an attorney or at least talk with your local enforcement. School nor daycare can stop Dad without court orders! I suggest you do this asap.

Did he sign the birth certificate? If your not married , depending on the state You have custody.

You need to ask the police. Here in Ohio its a mommy state so even if he is on the birth certificate if you want your child back he has to give them back. I only know this because it happened to my boyfriend when he was together. It was our day and the mother was being a bitch (at the time) and wanted her back. We said no, she called the cops they showed up to our house and took her from us. So it really just depends on what state you live in.

You have to file for custody ASAP

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It depends on your state. In Ohio he can’t take the child out of state without your permission.

Depending on the state . In my state if the father’s on the birth certificate he can take the child anywhere he wants and not give them back if theirs no court papers stating witch parent has custody and what have you . So check the laws in your state and file for custody .

He has every right to his son as you do. Possession is what matters until you get it worked out in court.

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Your first mistake is to say “my son” he’s not YOUR son he is his son also.

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When a child is born out of wedlock the mother has FULL custody dad’s have NO rights unless they go to court . Hands down across the country any state you live in

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I left my husband in the middle of the night with my child and left Ohio and went to pa. later he took my son without permission and went back to Ohio. Nothing could be done in either case because there was no custody agreement from court at the time.

My friend took her son out of az to Oregon and she ended up losing most of her rights against her emotionally abusive ex bf the kid’s father. She didn’t tell him and he had money. It was crazy

Yes he can until there’s a custody order. He can’t file from another state until 6 months have gone by so even if he does leave you have a little time to file.

Legal or not, he could do it and it would be a nightmare. I hope you have someone you trust to keep him when you can’t. It isn’t in his best interest in the long run and I hope he understands that. Good luck, I wish I knew more :pensive:

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He cannot take him. In Illinois if you’re not married mothers have all rights and can do whatever they want.

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People are on here saying “he’s dad, he has rights too!” Okay, she isn’t saying she wants to take him from his dad, his dad is wanting to take him from her. Yeah, father of the year wanting to take his child from his mother. As a mother, I would fight ANYONE to the death over my kids. Father or not, he shouldn’t even threaten to take their child away like that. If I were the poster, I’d make sure I got something in writing stating that neither parent can take the child out of state unless agreed upon by both parties.

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With no custody arrangement, possession is law

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Yup he can u need to file emergency custody

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You both have custody if you’re both on the birth certificate

I see there are four idiots laughing :rage:

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File for custody right away.

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Does the child have his last name if so he can take the child anywhere he would like

Best you go to an attorney and sort this out…your child isnt a pawn to a man who is trying to pull the carpet out of your feet to be spiteful
A child needs a mother and vice versa.

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Not all states are the same. Best take this to court.

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He sure can because he is the father and it isn’t considered kidnapping unless you have a legal custody agreement set in place.

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Well I’m the state of Tennessee even if they are on the birth certificate, with y’all not being married, and no custody agreement, he does not hold up and a parent unless a dna test has been giving, and can held at kidnapping, I know this because my cousin moved her and her son to va and we went and got her little boy for the summer and his dad wanted to have a over night stay and the mother agreed but was to returned to me the next morning well he didn’t return him and I had to call the law and if he didn’t turn the child back over they was taking him to jail for kid napping

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If he’s on the birth certificate, yes.

Sure can :woman_shrugging:t3: the baby is as much his as he is yours. Sad but women do it everyday to men… with no repercussions.

ITS 2020; THE GOLDEN UTERUS IS NO LONGER A THING… #equality :raised_hands:t3:

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No he cannot legally take him out of state!

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Being on the birth certificate means nothing. He can only take the baby if hes been legitimized. If he has not been legitimized he has NO LEGAL RIGHTS and could be charged with interference in custody if he takes the baby. Speaking from personal experience.

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If there is no order in court he can take the child

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Depends on the state. In Mi, the mother is awarded automatic custody of the parents weren’t married. If the father wants any kind of rights, he must go to court

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Yup. Better file custody papers where u live ASAP

Against the law in CA. Call your local DA to find out.

Yes he can. He had the same rights as you. Although if you take him to court, he will have to pay the travel costs to go back and forth.

You have sole physical custody of your child even if he’s on the birth certificate. If you’re not married, he only has financial responsibilities until he decides to take it to court to fight for rights. You do NOT have to hand your child over.

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Go to your family court and file for sole cust

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My sisters baby daddy left wv took the kids to fl. He was on birth certificate…

I think contact your local legal aid office Monday and ask them. Alot of people on here say yes and alot of people are saying no and I think thatd be your best bet.

Yes currently going thru it file before he does

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Most of y’all need to do some research of your state laws :roll_eyes: (YES dad’s have as much right to kids as the mother in every decent human beings eyes) BUT it doesn’t work that way in a court room.

No…he can’t. That would be legally called kidnapping. Go to the courts to protect yourself. Such threats are abuse.

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If there is no court order that says he can’t take him, then he can. You both have the same legal rights. The mother and father SHOULD have the same rights until a court decides otherwise. We have 1/2 the story here.

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If he tries to take your child across state lines without telling you, you could take him to court for parental kidnapping.

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He can take him but he can’t leave the state with him without the other parents permission if he takes his son across state lines he will be charged with kidnapping

Mother has legal custody. Been through this myself.

In Illinois if you are not married regardless if he is on the birth certificate, you have legal sole custody of your child!!! I know this for a fact because I was not married when I had my son and in in Illinois. Still get a lawyer asap and let them know the situation!! For all of you saying he has the same rights NOT in Illinois he does not!! Unless they were married they would which they were not!!! So no the mother has legal sole custody of the child!!! #facts

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Nope. That has to be taken to court.

I don’t know if you’re not married I think the woman has more rights!

Where I live, he easily could because hes on the certificate and you guys have had joint custody up until this point. But its different everywhere. Good luck!

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I don’t know why he would be on the birth certificate

But that’s only if you dont have the baby in your arms

Get a lawyer ASAP. Until you go to court don’t let him leave anywhere with the baby if you can; because if he does the police will tell you it’s a civil matter. Best if luck, I pray he’s not so cruel he’d take a child away from it’s mother. :heart::heart::heart:

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Yes. Legally with no custody agreement he can take him and not bring him back. Now leaving the state would fall into another category…it would then (depending on your states laws) be considered parental kidnapping and he can go to jail for that. I have been there. My ex and I do not have any type of custody agreement and he threatened to take them I couldn’t tell you how many times. Police officer (missouri) told me possession is the law so legally if his name is on the birth certificate he has just as much right as you do and as long as he has them in his possession he does not have to give them back.

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We went thru this and were in Arizona. If their is no custody order, then yes he can legally take your son. Like the cops told us, as long as their is no order, who ever has the child at that very moment has the child and doesnt have to return the child. But the same would go for you as well. By law you do not have to turn over your son to his father if their is no custody order. Id recommend if you work and leave your child with someone, make sure your childs father does not know where that person is. We learned the hard way that the father can take the cops and retreve the child from anyones custody if you are not present. Just be aware. Id do get a custody hearing done as soon as possible and set up visitation, that way you dont have to stress.

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Yes if he’s on the birth certificate. He’s trying to do the same thing mothers do all the time.

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Yes he can. You would have to take him to court to get him back because that’s considered a civil matter unless you had proof that boy would be in danger. He is on the birth certificate and no custody has been established so you both have equal right until court says otherwise.

HELLO stop telling this poor girl he cant do anything because ITS NOT TRUE dads have every right mothers do UNLESS otherwise stated in court. If hes on the birth certificate HE HAS RIGHTS if hes the bio father HE HAS RIGHTS she can not tell him he cant see his son unless she has sole rights to the child!
Hun he cant take the baby out of state with out your consent your the babys mom you have rights just like he dose. Go to court and get a parenting plan. A judge will not grant sole rights just because he wants to take the baby out of state there has to be a legit reason for it.

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So is he your boyfriend or your baby daddy?!

No but u need a lawyer and start the process before he does

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If theres no custody legally established he can take the child with no repercussions, it’s not kidnapping, you cant stop it. File custody papers now if you’re concerned he might leave.

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Yes. Go get emergency custody, settle things at a custody hearing, and get a custody order. Then neither you or him can take the kid out of state without each other’s permission.

Also, until a custody order is in place, do NOT let him have the child. He CAN take off with him, and it is NOT considered kidnapping. Whoever is in possession of the kid, doesn’t have to give him back.

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No, has to do it legally or he will get charged with kidnapping! Don’t let him scare you! Manipulation and control, that’s all it is!

Yes in Illinois. He can take him across state lines if there is no custody agreement until there is…be careful

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Go to the court and get an OP that he can’t leave the state with your child. It will be granted.

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You guys! Please look up the law in her state before telling her that man has custody rights. According to her state law he does NOT!

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Yes he can. You need to file for custody. Otherwise, possession is 9/10 of the law. He could take him and then file for custody there and you’d have a tough, interstate custody battle on your hands.

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Yes, if he is the father and is on the birth certificate. He can legally take him and not bring him back, UNLESS there is a court order in place. You could do the same

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I dont think he can take them unless yall are married. That’s how it is in ga though. Not sure about where youre at.

If he is on the birth certificate then yes he can. He has just as much right as the mother so id go get a court order in place.

Technically he has no rights to the baby if you’re not married. Found this out in court a couple months ago. There’s no proof it’s his kid.

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Until a custody order is filed with the courts, yes.