Gurl I’d be in the car on my way to get my son.
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He does have legal rights even if he’s not on the birth certificate. If he can pay and prove that he is the father he has his rights too . And DOESNT need to return the child until the orders have been finalized by the judge . His lawyer must have advised him to do what he’s doing because I’m telling you he can’t get in trouble if he could prove he’s the father with a dna test
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I know, when my dad did this with my brother, my mom was told because no custody agreement was in place with the courts there was nothing she could do legally. But that was in Alabama.
My sons dad did this to me when he was 3. It took 3 months to get in front of a judge and they gave temporary custody to him just because he physically had him and it took 2 years for me to get him back full time just because of a brutal court battle. I was a stay at home mom and with my son 24/7 when this all started. All I can say is hire a really good lawyer FAST!! My battle was so incredibly heartbreaking for my son and I. My ex just wanted to hurt me and he succeeded.
You have to go to family court and get an attorney. If you can’t afford an attorney they will provide you with legal aid. Your attorney will file for a Writ of habeas corpus for your child to be brought to court and returned to you. It really sucks, I actually have lived through this but there is nothing to do without the court system at this point.
Attorney ASAP! I’m so sorry. Your son HAS to be missing you.
Go to court. Honestly that’s the only thing you can do. My daughter was with held from me only way to get her back was through court. It’s these fathers who do this who need help. They have no idea the toll it takes on kids. I had 50/50 for a few months. He never had her during his time sent to his aunts house. So if you do get split any time he does not show for his time or anything keep a log of everything. And go back. Good luck it’s never easy. If you can safely get your child back before court I would do so. My friend also in the same position went 9 months being with held.
If he is the father and assumed father duties with or without paternity, he has rights. I would get an attorney and make a court date for custody if you wanna see him faster 
best thing to do is when you get him back dont send him with his father until there is a set custody agreement in place.
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Go to court and file an emergency custody order. Then he has to give him back
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You’ve been served with papers so yes now you need an attorney and the sooner you get one the sooner you will see your son.
Only thing you can do is get an attorney fight for custody.
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It’s pretty simple, there’s no custody order and no visitation order. You by letting his father get him for visits are saying he is the father, it’s extremely common for father’s not to be on birth certificates now, he has started proceedings in court now… they are all right there isn’t anything you can do with out an order signed by a judge. ALWAYS GET A PARENTING PLAN PEOPLE
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Umm go get your baby!
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If you acknowledge he is the father, he has equal right to his son as you do. If you haven’t established paternity and you didn’t file a custody order, that’s on you. He’s trying to be a good dad and sadly it had to come to him filling an emergency order. Why? Were you two having a disagreement where you mentioned not allowing him to see his child? There has to be more to this story. If all was going well, he wouldn’t just all the sudden keep the child away. Sounds like he was afraid you were going to take his child away.
I’m sorry you have to be without your son until this matter is resolved but please for your childs sake, do things right. Get an attorney, and do things right. The statements of he has no rights is nonsense. Either he’s the dad or he’s not…if he is, his rights are equal to yours!
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ok so this is what would happen in the uk, you would get a solicitor (attorney) file for full custody, tell them he isn’t on the birth certificate, and as it stands you are concerned about your child’s welfare given the fact he hasn’t given you a single text or call to let you know that he is OK. you would go to court (you can do this alone) as soon as possible to file for an emergency hearing, over here we have a residence order that states where the child lives and will continue to live. i have that, if my sons dad decided to do this he would be arrested straight away because i have power of arrest on the court order. the police won’t do anything at this point, unless you tell them you suspect your child is in danger due to the fact of not knowing if he is OK. because he isn’t on the birth certificate i would think this comes under kidnap? i’m not 100% sure on that but as it is he has no rights.
also on his next school day, go and pick him up! do it early if you have to and explain it to the school.
If he signed away his rights that’s a totally different story. And you get him back. If has not then yes you have to an attorney sadly
Get state police involved. Laws are different for every state, so need to look that up. You need to talk to an attorney asap.
Unfortunately he can keep him until court is over
With no paternity established that dude is just another dude idk why the police wouldnt help u I feel like we are missing something…u cant just take a child and say i think this one is mine I’m gonna keep him till u prove different I’m not a lawyer but i dont think that’s how it works something is not right here!!
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File emergency petition for custody. Hes probably already had a paternity test done at this point. Basically when it comes to kids custody once they have them there’s nothing you can do but file that petition and I would highly advise getting an attorney. Police will tell you the same thing sadly if you dont have court papers saying you are the primary custodian of the child…they can’t do anything, it had to be addressed in family court. HOWEVER…also read into the state laws where you are at, they may be different. What I stated I know is true in the state of GA. If you need help with attorney DFACS may be able to help. My advice find an attorney and call DFACS.
Unfortunately he has every right to keep his son till custody is established. U need an attorney asap. But u also have the right to show up at that house and take ur son. Such a messy situation for everyone. And the poor child is the one suffering.
Is he not at work during the day? No one else is allowed to stop you from getting him. Try to figure out who is watching him and just go get him
If he isn’t on the birth certificate and hasn’t done paternity testing yet he has no rights to your child unless you have a court or mediation agreement if he is in school or daycare go pick him up there is nothing they can do about it does the man work if so go get him when he is at work call the law to escort you there when me and my bf split up I let my daughter stay the night with my ex’s bfs mom so I could pack my stuff and everything and told them I would pick her up in the morning had it on text when I got there my ex was there the grandma had said she was going to change her diaper but little did I know they was just waiting for the cops to get there the police would not let me leave with my daughter bc it was on his mom’s property and he was there but the cop did tell me that if I ever seen his mom or someone else with her I could take her but not if he had her until we went to court it was the worst experience ever
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Oh my goodness. No advice to give but I’m so sorry! I can’t imagine how you are feeling. 
sending thoughts and prayers for it to be handled quickly
He’s his father so unfortunately he has the right to keep him. With no agreement he is aloud to do this. You have to get a attorney to get your son back.
Next time you agree to anything. Like the two days off two days on thing. Get it in writing. Or even a text message. Kinda fucked up that they assume he is okay but yet you have no contact to even know he’s okay. The police need to do better. I’m sorry you are going thru this. And for everyone saying she needs an attorney instead of fb advice, I’m sure she knows that and has already took action but sometimes it feels nice to hear people who’ve been in your situation. You’ll get thru this 
No way this is legal, if he’s not on the birth certificate!
So if what he did isn’t kidnapping then why can’t she show up and just take her son back ? Y’all are so much more patient than me… man this whole conversation has my blood boiling.
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You have to call the cops and tell them there is no court order this isn’t a civil matter and they can get him back,
File emergency custody
If he’s not on the BC, it’s kidnapping until Paternity can be established
I may get shit for this BUT …he sounds like he loves his child and is doing what any parent/mother/father would do if they were separated…he’s holding him til court… I’m not saying he’s right for doing this but I bet 4 years from now when court is done and paternity is established you will thank this man for being the father he is
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I went through this many years ago, and dads have just as much right as moms do. Which means unfortunately there’s nothing you can do without the help of an attorney. My son’s father took my son when I dumped him, then kicked in the door of my homeand threatened to kill me, and the only reason he didn’t was because my best friends step father was there and he was a cop and stopped him with his gun. We called the police and filed a report and the cops told me they couldn’t bring my son back because it was a personal issue, and to get an attorney. I hate this is happening to you, I know how hard it is!! I live in Texas btw, I’ll be praying for you!
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Hes not on birth certificate… They should help you!
I don’t know what state you are in but if you were never married the mother always has full legal custody. The sheriff can go to the father’s house and get the child. U can go to legal aid in ur town and they will print you a copy of the law and take it to the sherrifs office and enforce it!
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It’s after the 21st. Did you get to have his bday with him
Good luck in gating your son back many prayers everything turns out right
Go immediately to your local
Court House and file for emergency custody. Since he is not on the birth certificate you can do this pending the results of a paternity test. In the time it takes to get those results you will be able to lawyer up and have a custody arrangement ready for when the results are ready. At this point you are his only legal parent. Unfortunately because the father has been allowed to visit with him regularly and you dropped him off for that visitation without a legal custody order in place he is not doing anything legally wrong by not returning him because there is nothing in writing saying he has to. FILE FOR EMERGENCY CUSTODY NOW, LIKE YESTERDAY NOW!
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If he’s not on the birth certificate then whether they have a custody agreement or not should matter it’s kidnapping. Otherwise people could take anyone’s kid and just be like oh I’m the parent.
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I’m not understanding why you have not gotten an attorney yet and had your kid picked up? It’s been almost a month….especially since he has no rights currently. And after his display I hope an attorney and judge rip into him. I feel like this is not the whole story at all.
If you know where he is go get your child
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You need an attorney, everyone on FB will have something different to say.
What needs to be done as soon as a child is born is custody is establish if the parents are no longer together. Go through the courts get everything supposed to everything is legally bound. You do need to contact a lawyer and get things sorted out as soon as possible. The lawyer can file an emergency order with the court to get everything sorted out.
You need a lawyer because you voluntarily handed to your son over to someone with no legal right to have him. Him keeping him is not against any court order or law.
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You really do need to get a lawyer! This happened to me two years ago, my ex withheld our 3 children for 10 months. The police department, sheriff, CPS, no one would help me. The day I got a lawyer she called the local Police Department and they went to get my kids that day maybe 2 hours later!
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If paternity has not been proven then he has zero rights. Get an attorney ASAP and file for emergency hearing. The cops cannot deny you custody if he has no proof it’s his child!
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In Ohio the dad only has rights if married
If he hasn’t even established paternity does that mean he isn’t on the birth certificate? If that’s the case he absolutely has no rights to your child until it’s established
I’d be going back to the police and asking to see someone further up the ladder for sure!
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When there is no court order then neither of you have more rights then the other… you can only get help once a
Court order is in place and that is breached…
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Depends on where you’re located but because there is no court order parenting plan, this falls under a civil matter and police won’t do anything.
Call your state police. Or go there. Prove he has zero rights and is not even the legal father as of now. That’s crazy.
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Unfortunately the cops are correct since you don’t have a court order he has just as much rights as you and they can’t remove him. Those saying it’s kidnapping obviously don’t know the law. Him not being on the birth certificate is irrelevant because you let him go for visitation. Please get an attorney asap. I’m sorry that you had to learn this the hard way. Always have a court ordered visitation agreement no matter how much you trust the person for this reason right here.
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You’ll have to get a lawyer, because you have established him as the father. By allowing him to have visitation and telling people he’s the father, he is in fact the father until you can prove otherwise
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You have every right to get your child,my ex tried that with me and he was on the birth certificate but that’s my child I’m his primary caregiver,we had a verbal agreement that heweekend would have my son every second weekend till I refused to fill in some of his work documents he kept my some from me I gave him a day to bring my son back then went to his house were I was told by his mother thatshes not allow to give me my son and I told her I’ll be back for my son in a few minutes,I called him and told him to which he though I was joking but yes I got to the station and told the officer that i need to collect my son as the father is keeping my child from me and they sent a van out with me to pick child up.
Since there is NO custody order in place he will not be forced to return the kiddo typically. Since child is with him if he goes and files for custody he could easily get physical custody that he is asking for. You need an attorney asap. File an ex parte motion for custody and also after that I would NOT send kiddo back til the order of custody is finalized if you get him back.
First off you ‘allow’ the father time to see his kid… how nice… unfortunately until a court order is established he has every right to keep the child you share. It’s a civil matter, hes not abusing the kid (otherwise that would be negligent of you to be sending your kid with him) so please dont WASTE resources time over this and go to court when the time for paternity is because that’s when custody will be established. Best advice is to show that you’ve been completely cooperative with dad with out an order and he suddenly chooses to withhold kid from you.
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I’m guessing that you told law enforcement that he is the father? So it prob doesn’t matter if his name is on the birth certificate or not, you both need to sort out legal custody asap.
Not sure which states you’re in but in Florida even if he is in the birth certificate if you guys were not married or no court agreement he has no right. I’m not sure why the cops wouldn’t help you it is considered kidnapping.
My ex-husband and i have a custody agreement in place and he tried to keep our daughter but one quick call to the sheriff department he was told he had to return her or kidnapping charges will be file. He can’t make decisions on keeping her without the court approving first.
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I went thru this as well. Doesn’t matter if he is on birth certificate or not if y’all live like he is the father then he has same rites as you. Although what I did in my situation was file for custody FIRST. The judge will look down on him for keeping the child from u. Go to the courthouse and file for petition of custody.
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What I was told by attorneys, police etc… if there is no custody agreement set by the courts whoever has the child(children) at that time has legal custody of them. If you was to go get your son without his consent that would be considered kidnapping. I highly suggest getting yourself an attorney asap to help you with this.
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Nothing can be done unless you get cps involved and even then it’s hard to get them out of your life but if anything is out of the ordinary they will take him.
You need an attorney to protect your rights and the rights of your child. It would be in your best interests to get one- and not a cheap one.
I learned the hard way. If neither of you have custody from the courts then there’s nothing you can do. I would file a court date, have him served. Bring this up in court. And go from there. Good luck. I hope he decides to let you see your son.
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Use this against him in court. The judge won’t like that your son is being held from you
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If y’all didn’t establish any sort of custody, there’s really nothing you can do besides get an attorney and start filing the proceedings through the court to get your child back. This happened to a friend of mine, she sent the baby with her dad for a visit and he refused to give her back. It’s just like when a mother holds the child from going with the father, there’s no difference of him doing the same thing
Everyone seems to be confused fathers do have legal rights , even when your not married , he is the father . As his father an officer can not remove his son from his care without a court order stating you are where the child lives and since he filed before you i don’t think you can now legally remove him until after court
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This literally happened to me, exactly the same… Not on birth certificate, wouldn’t give me back our 2 year old, no legal custody order… I had to get a lawyer, they filed an ex parte for an emergency hearing, judge will establish a temporary custody order and visitation schedule for your son. Trust me when I say this, it’s not going to look good for him to be withholding your son without an extremely viable reason. Make sure you keep your emotions in check and don’t do nothing crazy because that’s what he wants!!
Focus your mind on getting your son back in the legal sense and don’t let his filing first cause any fear or worries! It’s very intimidating at first but now that I have been in and out of court for close to 10 years now… I was once very scared and so desperate to get my son back. I strongly encourage you to try to communicate with his lawyer and calmly talk with him about making some arrangements without having to go to court. Be very reasonable, respectful, and refrain from using a hostile tone if they don’t respond in the way that you have. Once his lawyer knows that you are not unreasonable and you’re willingness to work out a schedule with your son’s father, unlike many vindictive and hateful exes, then they will treat you differently, and try to talk their client into making an agreement with you outside of the court room, and getting it signed off by the judge…. My ex’s first lawyer was so disgusted with him and his actions and crazy behavior and withholding, that he fired him as a client, and then contacted me and got me in touch with my current lawyer that I still retain to this day lol… He said that he was sorry for everything that he was putting us through, and he helped my case lol.
There’s good people that will help you as long as you don’t do anything crazy and don’t lose control of your emotions. Best of luck to you and your sweet baby… No one deserves this kind of pain… I didn’t get my boy back for nearly 3 months… I wasn’t proactive like I should have been, and I have learned that lesson.
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In Texas, that would be considered kidnapping. My attorney told me not to sign the AOP and that would prevent my baby’s dad from ever keeping him from me.
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If he is the other parent, he has just as much right to the child as you, 100% what he’s doing is so wrong, get a lawyer and fight. That’s your only option at this point I think.
Go to his house and knock on the door and ask. Call the police first and tell them what you are doing. They won’t help but it’ll be in your favor that you did that. I had to do this once. Also an attorney will give you a free consultation
Report him to the police. Legally speaking, he’s kidnapped your son. He isn’t on the birth certificate therefore he has nothing to stand on
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Depend on the state in Minnesota mother’s have right automatically no question so good luck if u in Minnesota call cops tell him u have sole custody
You need a lawyer. Bc yes, he does have parental rights until a judge says he doesn’t. Have your lawyer gile for an emergency motion and you’ll get your son back.
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take the cops & tell them he’s not on the bc or anything
Call an attorney call legal aid do what you got to do
As an outsider, I guess I see the issue with him withholding the child. But since he’s the father, I don’t understand why everyone is saying “he’s not on the birth certificate, so he has no rights”. HE’S THE DAD. BIOLOGICALLY. Why does it have to be confirmed by the state?! My son’s dad isn’t on the birth certificate and we have zero issues. I’m not running to file emergency anything. I can guarantee that if women withhold their kids from the father, none of you would be saying anything bad about the mom.
Neither of you are thinking of this poor kid!!! Please choose what’s best for him…not what’s best for you. 
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So many of you claiming a father has less rights than a mother because he’s not listed on the BC astound me. If this man has been caring for, loving, supporting and doing all things because he is the father, you don’t just get to decide now that he’s not gonna have any rights cause he’s not playing the games you want. Yes, I think it’s wrong that he is withholding the child. Call for a welfare check. Stop with the he’s not letting me bs cause that’s what they are looking at it like. If you’re calling and saying he’s not on the bc and he won’t give him back, it become a family court issue. If there is nothing in writing saying he can’t have said child, they won’t just remove them from the other parent. After you’ve admitted to that same child being with them half the time. You willingly left the child with them, LE can’t and won’t make them give the child back. During the welfare check you can request to be present and see for yourself how they are doing.
There is always 3 sides to every story. Yours, his and the truth. There has to be a reason that after all this time, the dad has felt it necessary to do this. Whether this mother wants to admit it or not. We are missing info from all sides and I’m hoping all of those saying dad has no rights takes a good long hard look at why. Both mom and dads are equally important in a child’s life, don’t deny your children half of who they are
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Find out where your kid is and go get him. Do not wait any longer get wake up. Because there is nothing in place he can do what u just described. Which means you can do the same. Go get you baby. Omg
Go to his dads to get him if he calls the law they will make him relinquish him to you but you must have proof with you
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Please do not wait any longer
Call the police call children services call lawyer call the dad’s mom and family get them involved for your luck could be better if he wasn’t the dad with the paternity test
Ad be straight over to his house to get my son back!
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If u guys don’t have a LEGAL custody agreement then, unfortunately, there’s nothing u can do but go and file an emergency order at family court.
Take your birth certificate and whatever documentation you have go to his house and call the police and get your kid back
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And then after all this you better make sure that you get restraining order from him and don’t allow him to have visitations after all this you better document everything document document
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Fill out that paperwork. Who care how they looked at you. Right now he’s not on the birth certificate therefore it should be easy to get him back.
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It’s true though even if the father is on the birth certificate and married mother still get it till court
Everybody talking about doing things the legal way. Nope not me cause all of my family would be hunting this man down like a animal to get my baby back.
This lady don’t know if her baby is doing okay. I would be having a out of body experience. 
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FYI he clearly loves his child so step lightly
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Most states wont do nothing no more you have to go before a judge . I know in NC they wont a cop or sheriff . You can make a report but until you go before a judge nothing can be done. Its sad 
Show up to the dads house with help and get your kid back. Call a welfare check to make sure your son is ok! I would be terrified
Sit out front his house call channel 2 News call channel 7 News does he work where is he taking the child when he has to go to work get your kid back be smart and if not play dirtier
If his name isn’t on the birth certificate then they should help you!
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Show up to we’re he claims to be
Go to his house 
, and call the cops!!
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In Minnesota, if parents were never married the mother has 100% custody until there’s a court order proving who the father is and parenting plan/custody is set in place by a judge. Even with a fathers name on the birth certificate, that’s just saying that person is admitting to being the father without any dna to prove so but does not allow them any rights to the child. It’s based solely on if parents are married or not. I would contact a family law lawyer and explain your situation. Most lawyers will give a “free consultation” which means telling you the best process to take with your current situation and if it’s worth getting a lawyer for.
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Go get your kid back get the attention of anyone that you consider can help!
Hope they don’t put him in foster care wirl fighting this
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Did you take birth certificate to the police station. He’s legally not the father. Girl, you got brothers? They need to take care of this if the police won’t!
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