Can my boyfriend legally take our son?

NO HE CANT. I live in the same state and laws say if you are not married then the father does not have any legal right over the baby.

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Not married. Born out of wedlock then mom has full custody. He can be charged with kidnapping. At least here in Arizona. Double check the laws in ur state

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I agree on emergency custody. I went thru this. I am in Illinois and my ex is in Arizona. We had a written agreement amongst ourselves but our divorce hadnā€™t been filed not obviously final yet. My son was with him visiting (only 6 months old at the time)ā€¦ He threatened to not bring him home. I was told there was nothing I could do if he did keep him!! He didnā€™t thank God but stillā€¦ Cover yourself!!

No you need to go to a shelter and leave while you still can

Yes he can take him and leave cause u guys are not married

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How about instead of asking a bunch of people who dont actually know what they are talking about call the courthouse and an attorney!!! I went through this with my oldest two and their father and now I havenā€™t been able to see them in 5 years. Im legally allowed visits and phone calls but he disappeared and I donā€™t have the $$ to track him down and file for custody revision and all that. Cover your ass and get a lawyer!!!

Look up your laws but in my state itā€™s kidnapping without custody.

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That would be kidnapping. He cannot legally take him across state lines without your written consent. File custody papers immediately!

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He canā€™t take the baby across state lines, thatā€™s kidnapping

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Across state line thatā€™s KIDNAPPING

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I used to work for the sherriffs office. If mom and dad arenā€™t married and there is no court custody papers, dad has NO RIGHTS. mom has fully custody. It doesnt matger what you signed at the hospital or anything like that. No court agreement, no rights. If he takes the baby, thatā€™s kidnapping. Even if ita just back to his house without your permission.

Get some legal papers fast honey protect your family

It does not matter if your married, dating, seperated, birth certificate or not if he leaves the state with a child his or not without your agreement he can be charged with parental kidnapping

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Iā€™m not sure but in pa, I had two children when I wasnt married, and at birth when we were in the hospital and he signed the birth certificate he also had to sign papers and in the papers it stated that he had equal rights to our kids as if we were married. I would go file for emergency temporary custody since he threatened to take and run off with the children and go to mediation or court to set up custody. DO NOT MESS AROUND. My friends kids dad just had her children for four months because he took them across state border filed for custody and put a pfa on her without any evidence. She just now got a lawyer, it cost her 10,000 but the lawyer was able to drop all custody and the pfa, she went to the kids school took her kids home and now they wait for court in pa. It was a really messed up situation because he was unstable financially, and mentally, plus was abusive not only verbally but physically. He left them all the time and would go months without even wanting to see their children. She always had them from the time they were born and her oldest is like 8. Your state probably has different guidelines but go file for custody so he CANNOT do anything and you are safe.

Yes he can both parents have rights to the child weather married or not unless the is a court order he can take his child so if he takes him you can go to Arizona and take him back best thing is to file with the court asap good luck

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Yes he can not unless yā€™all have something wrote up and notaized

You can find all the info on the web, but however talking to a family attorney would be your best bet. I would also not leave your child with him I would seek childcare for him to help prevent him taking you child while you are at work.

Thatā€™s called parental kidnapping. He cannot legally take the child out of state without your consent. So if he did, call the police.

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Hereā€™s a thought call the Court house, a lawyer or the cops in youā€™re state and ask them not people on Facebook that donā€™t know what they are talking aboutā€¦ Itā€™s different in every state not trying to be rude.

In the UK he wonā€™t be able to. Not sure about Anerica as your government allows children to sleep in cars when the parents are homeless. Canā€™t see them implementing laws around this.

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if heā€™s on the papers and he is legally the father of that child he can take that child

Not sure in the US but in Australia, unless there are court orders or police protection orders the child can go with the farther if he takes him. You would need to apply through the courts for a recovery order if he did.
Again, this is in Australia.

In Kentucky he can i dont know if its the same there but i had legal aide tell me in 2006 about my daughter if i left her with anyone and her biological father showed up to call me to come back because if he called the cops and i was not there the cops had to give her to him. I even have it in a letter where they said it

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Default is joint. Both of you have the right to leave and take the baby. Editted to add that my Google is set to Ontario. Make sure to look into your areas laws

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Who ever is in custody of the child can keep the child until visitation os put in place through court

Might want to file an emergency visitation order . If nothing is done at the court and he leaves with your son . Itā€™s not against the law . Experienced with

Just because he signed the certificate does not mean he has established paternity. Has he done that. Is he paying child support. Even if he has visitation he is not the custodial parent. It is kidnapping. Call the police

Yes he can. Mine did this once. He was on the birth certificate n we were not married. This meant neither of us actually had legal custody. I called the police who informed me my only option was 2 steal my child back and get legal custody. I did both these things n set up a visitation 4 him n his family.

Go to court asap for child support and visitation. He has rights and he will probably get joint custody and equally visitations at his house barring any issues with neglect or abuse on either side. But do be warned sometimes it goes the other way and he gets placement and you visitation. Thatā€™s just how it works in Wisconsin

In Florida no he canā€™t

In Wv he could not take him or her out the states. I donā€™t know about your state but that would be called kidnapped her. Plus I am sure that you have custody of your child so he will have to go to court just to see him or her so I would not worry about it.

You need to contact an attorney.

In Philadelphia me and my Son"s Father got into it,a neighbor called the cops.When they showed up,I was told since neither of us had custody he can take him.He took him brought him back a few hours later and EXCUSE ME,but I beat the hell outta him.That was the last time he pulled that stunt.They only do that because they know thatā€™ll really hurt us.

absolutely not! file for order protection! #AlsoAfellowIllinois

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If there is no custody agreementā€¦ yes.

This is really not a question for here. You need to ask an attorney in your area. Too many opinions and wanna be lawyers here, lol.

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He has just as many rights as you do.

Yup he can. You gotta go to the courthouse asap

Threats are there so be careful Hun :heart:

Yes get your ass to a lawyer you need to go also through the courts for children so they can put stipulations that he canā€™t be taken out of state

Where I live yes he can and if he takes baby their is nothing you can do tell he gives baby back or you win custody in court.

If you donā€™t have a court order agreement, yes. He has rights too, since heā€™s on the birth certificate.
Is he a better fit? Better job, better living? Self sustainable?
Just because youā€™re mom doesnā€™t mean youā€™re the better parent.
Why did he say it? Have you given him a reason to think, youā€™re not the better fit?

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No, he canā€™t it does not matter if he is on the birth certificate you two are not married therefore you have full custody until he gets a lawyer and gets visitation rights once that ball gets rolling all 3 of you will do a paternity test once everything is in order he will get visitation and thatā€™s if he gets a attorney.Just ignore the threats thatā€™s pretty petty on his part offer him time with you present until things calm down.

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Unless your married (on the birth certificate or not) you have 100% full legal rights to your son and he has none until he takes you to court (atleast here in Michigan) you can look up laws regarding those things in your state.

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A piece of paper wonā€™t stop him if he truly wants to take child out of state/country

My baby daddy did exactly that. Iā€™m on Oklahoma he took him to Tx. The law would not get involved because he was not in ā€œdangerā€. And there was no custody arrangement. You can get a temporary custody arrangement, I did, it starts the court process tho. Do it where you live and hopefully thatā€™s where court dates will be held.

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Yesssss!! You both are the parents! Both have same legal rights! I have dealt with this personally. Do not listen to anyone telling you no they canā€™t. They sure the fuck can! You need to get to the court house and write up who has main custody and who gets visitation. Gl

I say get a lawyer. And seek his or her advice on what to do.

Every state is different. Look up the laws in your state. Where I live yes he can take the child because heā€™s the father. you both have rights.

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File for emergency sole custody. Give him visits. Ask the judge that ur ex isnā€™t allowed to take kid out of state

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Yes if hes on birth certificate he can take him no matter what state you live in you cant do anything about it unless you take him to court for full custody or partial custody.

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You need an order saying that you have sole custody. My niece had to do that, and the boyfriend had to follow the order.

Where i live yes he can. If costudy isnt establish he can take him and choose not to give him back and unless the child is in harms way the authorities cant make him either until you get it established or get a temporary emergency order signed by a judge to get him back

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If there is no court issued custody agreement, yes he can. Both parents have equal rights unless there is a court order.

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Seek legal counsel get full custody of your child. Also remember that he can still take him if he wants papers or no papers. This of course would have himself in trouble if court papers say you have full custody. Good luck and God bless.

Is he your son biological father? He on the birth certificate? Is there a custody agreement in place? If he is and there isnā€™t then yes he can.

In illinois he cannot if you guys arent married!

I live in Illinois and yes he can my cousin just got her son back after 2 years ,she dropped him off and boom she has to fight yo get back because he spewed lies ā€¦lawyer up or get help put a motion into the court

I live in Illinois and went through this after my first son

NO HE CANT!! damn guys yall dont even know for sure. To the OP you can message me. I have been in the same scenario.

Signing the bc dont do shit when he is just a boyfriend

In California he has the same legal right to the child as you. You should go ASAP and file legal custody papers.

Illinois resident and yes, he can. You can either go to court, or sign a piece of paper making an agreement and get it notarized.

Consult. A. Lawyer. :roll_eyes:

Yes he can, if no custody is established.

You can also take your son though, and not give him back. It goes both ways.

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I would personally contact a lawyer immediately and file for immediate full custody!

He can but you can fight it. File with the courts right away and report it to the police if he attempts to take toll the child or takes the child. Paper trail helps with court

Document what he says and does
Date time and what happened. It helps with court and police

You can not leave the state the child is in.

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Yes if itā€™s his son too

You donā€™t need a lawyer to go to the court house and file for custody. Once itā€™s been filed he legally canā€™t take the child from the state.

In Texas he can if itā€™s his kid. Go to the atty general and get a temporary order of custody. The first to do that will get the child till a permanent custody order is in place

No it could be considered kidnapping. You two would need to go to court and figure it out together. I dealt with this too.

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If hes the father and thereā€™s no court documentation saying otherwise yes he can.

Noā€¦ Legally he cant take the kid out of state without your consent

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It blows my mind how many women just think men donā€™t have any rights to their children.

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You better get a lawyer and get temporary emergency custody until you can get a court date. Also, dont let him have the kid until you do.

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Taking a child beyond a certain radius is considered parental kidnapping.

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Noā€¦ You 2 still have to agree and if in courts judge will tell u that. In fact it will only make him Look bad that heā€™s that irresponsible to take away something so important in his life.
Talk to an attorney

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Get a emergency custody order then file a police report he is threatening to take the child out of state

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Since yā€™all werenā€™t married when the baby was born YOU have full custody until ordered otherwise by a court.

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My ex husband did that while we were married. And it was legal. But it would be illegal and considered kidnapping. It depends is his name on the birth certificate?

Illinois is very interesting. In most states he would be able to, but in Illinois the mother gets sole custody and decision making in time sharing. This is pretty unique at this point in the US. However, many judges get upset when a father has been kept from seeing the kid so keep good records about any threats he has made. You canā€™t just say he said something, you need actual evidence

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Illinois is TOTALLY different for all the people saying yes he has rights he can take him. He CANNOT LEGALLY take the child until PATERNITY is established. Him being on the birth certificate doesnt mean shit to the state of Illinois. They want DNA tests & on & on. My boyfriend is currently paying child support and she STILL keeps the kid from him. The court and lawyers said she can legally do that until the official custody agreement is set in place. The kid has his last name and hes on the birth certificate so clearly that doesnt help a fathers case at all.

Yep thatā€™s the baby daddyā€¦ Unless thereā€™s a court order saying he canā€™t u r SOLā€¦!!!

In the state I live no not unless you were married or a court order is in place look up the laws where your from

Get a parental/custody agreement in writingā€¦now. In Illinois, he has just as much rights to your child as you do. Illinois is a 50/50 state and the police will not assist if there is nothing in writing.

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Not sure bout Illinois but in Ohio I know he can not here mom has custody unless court says different if u were not married

Get an order of protection against him and file for sole custody of your child. I will pray for you and your child. He threatened to take your child away. If I were in your shoes, I would get to court first thing Monday morning and I would make this a priority.

Yes if he gets home for the week end and doesnā€™t wa t to bring hom back he doesnā€™t have to. Yall have equal rights until you go through court. Do not let him take your son for a visit. You gotta get a court order. Make him get one.

If you donā€™t have custody set and a parenting plan then he may be able to. Get to court now!!!

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No one can take him from either !

Nope he can go to jail . in Illinois the other parent has to have permission to leave state with a child .

Yes unless there is already a custody agreement in place.

Get legal aid and get custody of your child.

File for custody immediately! Otherwise, he can take him :disappointed:

Yes, if your not around him when he shows up , my first husband did that took me a freaking year to get him back if your present he cannot if your not present he can.

He can and he doesnā€™t have to allow any contact either he can take that baby and run ! As long as your with the child he canā€™t but he can release of custody from anyone other then bio mom so if heā€™s at day care or school he can take the kid and run ! Legally police will not do anything

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In Louisiana he could. .if he is on the birth certificate and theres no custody agreement he can take your son and not tell you where they are and you would have to file for custody but like I said thatā€™s in Louisiana