I went through this with a very dear friend. Since his name is not on the birth certificate depending on where you live, you can get a restraining order against him because it is considered kidnapping, until paternity and custody is established.
GO TO THE POLICE with his birth certificate
For my state, if there’s no custody established in court, then you both have equal rights and can keep the child if you wanted too. You need to start the process IMMEDIATELY. It can take months. If there’s a way you can get the child, (school, from a family members etc) DO IT.
If his name is no where on the birth certificate then he has NO legal claim to the child at this time. That is kidnapping.
Call the police and tell them he has no rights right now
Get a police officer and go over there. Until custody is in place he can’t keep him like that.
Pa state level is no one has custody unless it’s established. So you don’t have to give the child to the other parent, and so forth.
Directly from my custody lawyer when we went to court.
Depends on where you are but if he has no paternal rights what he is doing is abduction. Not kidnapping
Go file a missing/kidnapping report if they won’t be able you seriously. Call the local media to step in.
Cops don’t want no more bad press.
& Bet I’d be filing an emergency court hearing ASAP as well as sending police over to do well checks. 100000%!
Without a court order, he can legally keep your child and not return him, even if not on the birth certificate because you had a verbal agreement… the police won’t consider it ‘kid napping’ when you willingly handed the child over to him, sadly.
Definitelt get a lawyer and file for custody, once you are served you only have so many days to answer back to him and his lawyer!
But something to keep in mind, courts are no longer ‘pro mother’ they are ‘pro parent’ and despite many things they will make shre the father is given some type of parenting time.
My daughter father used to beat me and my girls, even with proof he was given ‘parenting time’. They will not just strip a father of his access & rights, they don’t root for the parents ‘wants’ anymore they do what is best for the child!
If there is no court order and he hasn’t take. You to court for rights… he has None! Go get that baby and let him go thru the proper channels to see him when he wants him
You can file an emergency ex parte order and be seen by tomorrow in court to get your son back and establish temporary orders
You should have never sent him without a plan.
Good luck. Possession is most of law
If you two have never been to court to establish a custody agreement with the child, then legally he has rights to the child and doesn’t have to return him until there is one established. You need to get a lawyer.
Child Services must conduct a hearing within 24 hours if you ask for it. Insist on an emergency hearing.
That’s considered abduction… call the police. I can’t even imagine how that poor child must feel. 
I had the same issue with my daughter the best way is to have a parenting plan in place then you can have to police escort you to collect your baby and he will have no choice but to obey the plan place. Go to court it takes time to have it sorted but when it’s done it’s done. Also see a social worker they help a lot in stuff like this. Court also keep mom and dad in mind they do not pick father mothers side they take the children side and what is best for them. I also did the 2 day with me and 2 days with him and every second weekend now she is in grade 1 and the week, week plan works better with the big school.
It’s not easy mommy it’s very very hard I had no support from her father when she was a baby it’s (a mothers job) that’s what he thought now he regrets that he did that because he was basically forced to be a father and is a good father to our child. Sad part is we had to separate for him to realise that.
Go get something called an ex parte motion. It’s an emergency hearing. If you have a parenting affidavit signed before he was born it states on there that the mother has custody until the court says otherwise.
My husband is a cop and said call your local PD and say you request an officer to go with you to whatever address and they will. Especially because he has no rights. He’s supposed to give the kid back then go about the looking for rights and such being he’s not even on the B.c.
Wow Thats real bogus! I’d be furious
Call the police now!
Take your ex to court
I went through something similar with my son. It’s heartbreaking and I wish you the best.
Is he school aged. Pick him up from school. Or find him at a store the dad has to go grocery shopping at some point. Take you kid back. I’d go to the house. Wait for the kid play outside or whatever roll up and tell the kid to get in your car.
Wow…thats why I love the state I live in. Illinois they have no rights to the child if they didn’t sign that paternity paperwork. Until it’s finalized and he’s on the birth certificate they can’t do that. I’d call the police to his house period. Maybe the officer on duty will know the actual law and not assume you’re being a petty baby mama
Omg my heart goes out to you! You need to go into the courts and file an ex parte motion and say he was kidnapped…this is so wrong of him
Stop messing around, you are wasting time, get a Lawyer asap
Why have you not took the police to get him back on day 3
Most states custody is not established until you go to court and even though he is not on the birth certificate he still is his father and has as much of legal right to him as you do, I do believe you can file for emergency custody but that will only help if he is a danger to the child, a father does not need to be on the birth certificate to have legal rights to their child.
If he is not on the birth certificate and you have no court documents stating the visitation schedule, then he has legally kidnapped your son. Call the cops let them know of he has no legal rights and is not legally listed on any of it.
Holy crap call the police its abduction!
I just don’t understand how if someone wasn’t present enough to put their name on the birth certificate, why you would let them be alone with the child 
Go to the courts and file for an emergency pick up order !!! My ex did it to Me. It’s a start and they will set a court date were he will HAVE to have the child present and the judge will decide based on the facts you put on the papers and if she finds that there is no wrong doing she will make him hand the child over right then and there to you. They did it to my ex and he was so mad the judge almost heald him in contempt . There’s more to the process but once you get it started you will figure it out. I’m in Florida so laws are different and if a father takes the child there is nothing we can do but go to courts. Now the judge has a whole court order for visitation. So if he don’t give him back he will be in trouble
File for emergency custody today. Happened to me after 4 years he had to give him back judge even included ‘cops can assist’ otherwise they can be reluctant. At least how things are in Illinois
Use the police. That’s what they’re there for.
Go to your county’s family court and get an emergency court order
Call the Law and report him as kidnapping…If he isnt on Birth Certificate and no paternity is established he has zero rights
Your best bet is to follow their advice. There is no court order for custody so the police will not remove the child. Its not considered kidnapping. Get a lawyer and file for custody
I would go and get emergency custody asap until paternity is finished. Right now no paternity is established and he is not on the birth certificate.
Him being the biological father he has the right to have the child until you go to court and yes you will need a lawyer and he does not have to give the child back till the judge decides on custody. My daughter went through the same situation
I went through this and had to take my sons father to court to get him back because without a court order saying I have full custody he didnt have to give him back because with out the court we both have same rights
If the police won’t help get to the courts asap and explain what’s happening. Is your son in danger? If he is the cops have to get involved
This is definitely kidnapping. I would keep going to the pokice and if they wont listen goto the news as well. Call an attorney as well. See what they say you can do.
I would be on the doorstep with a sledgehammer knocking it down! Let him call the police. He will have to show docs that he has legal rights to the child.
Are you telling the police that the father is not legally established as the child’s father? Typically this is a civil matter when between two parents. And that’s why the police are treating it that way. HOWEVER yall were never married and technically the man isn’t legally established as the child’s father so I agree this is kidnapping and the cops should be helping you. Are you trying to use the Cops where your ex resides? I would. At the very least they can accompany you to try to go pick up your son. Tell them you don’t feel safe picking up your son alone. Maybe just the police presence will be enough for him to hand him over
When my fiancé kept his son from his mom she called the cops and told them that he kidnapped him the cops got ahold of him to tell him he either gives him back to her or he gets arrested mind u the reason why he kept him is cuz he was gettin abused and touched at his mom house from her boyfriend. Cops ain’t gonna do nth
If theres no paternity established and hes not on birth certificate its technically kidnapping and i would press that with the police.
Most police departments will not get involved if there is no custody order in place through the courts. I would get an attorney ASAP and file an emergency family court hearing
Here’s the thing. Even if you didn’t put him on the birth certificate you fully admit he’s the father. Without a court order he has all the same legal rights you do to the child. The only way you can really do anything, after already stating he’s the father, is to get an attorney and have the court decide custody.
In a lot of states unless you have established legal custody, you only had physical custody… which he now has. You need to file for custody ASAP. Contact a lawyer TODAY that can advise you what you’re rights are in your particular state, not Facebook.
If it were my child, I would have been doing whatever I needed to get my child back the first day he refused me, not a couple weeks later.
You need an attorney to help you get a court order. Then you can use the police to enforce that order
My ex pulled this and then accused me of abandonment I would definitely get a lawyer
Just get an attorney! What are you waiting for?
If he go to court and files for custody there is a chance they might let him keep him til the court date. You need to get a lawyer asap before it gets worse
No that’s illegal. There is not any documents that he is the father. Even if you are 100% sure you don’t play that card right now. You say you are not sure until the paternity test results. Been there and done that before. The cops helped with the transfer back to me.
Girl this is how babies go missing 
file a missing person’s report. This man, if not on the birth certificate, has no LEGAL claim to your baby. To visit is one thing, but then to keep and cut off communication is entirely another. Keep on it, do not roll over. It’s important.
Here to say that if your local police are not doing anything to help you need to call the State Hwy Patrol and give them the address of where your child is located and tell them your child is there and not being given back to you (kidnapped/abducted) take proof with you (child’s birth certificate) that your ex is not a custodial parent and state police will make him give your child back over to you. I would file an exparte/order of protection (have you & your child listed on order) before doing this and have in hand when meeting troopers over at his residence. Keep calm & collected, but act quickly, your child needs you. Make no more further contact to your Ex if your getting an order of protection against him. I pray you get your child back quickly & safely. 
Most police will not help and will tell you to take it up in court since it is a domestic dispute. Sometimes you get lucky and get an officer willing to help but most won’t.
That is absolutely kidnapping and I urge you to call the National Center for Missing & Exploited Children at 1-800-THE-LOST (1-800-843-5678). Please call immediately! They helped me and got the FBI involved when my ex took my daughter to a foreign country.
Drive to his house and get your child. Call officers to meet you there. This is literally kidnapping and idk what DSS or anyone that you have reached out to have not charged him with it yet. Especially if DNA has never been determined. You need to call social services and explain your situation. I know what I would do but I can’t post it because I’ll probably get another ban and this one would be for life. NO MF WILL TAKE MY CHILD AND KEEP IT FROM ME and still be standing and well. I’d go madd crazy on this man enough said
Um. Call the cops & tell them he is kidnapping your child! He’s not on the bc, so legally he has no rights & this is kidnapping until paternity is established in court.
If no parental rights have been established, each parent can absolutely do this! It’s terrible I know! U need 2 file for emergency hearing but u still have to wait until that court date. It doesn’t matter about birth certificate, it only matters once u establish paternity. I know this to be TRUE in Texas n WV…A mom just had her baby not even 2 months old n the father didn’t return her after their said day, she called cops n everything…both mother n father have equal rights until it is established thru courts! She didn’t get 2 c her daughter until she was like 5 months old! It took the courts that long!
You have to have an attorney to help you. It is a civil matter. You need court orders to establish paternity and visitation as well as child support
Report your son as missing or kidnapped
This is why marriage, knowing who the bio father is, proper establishment of paternity and correct birth certificates are so important.
do an emergency tpo order. you need a lawyer unfortunately to go file something like right now but it could be tricky since he filed first
Go for the court house file emergency pick up order. Even if you know for sure he’s the dad. Say there is a possibly another father. And you were not married at the time of the birth. Even if he is on the birth certificate they will still allow you to file the order. You can file under indigent status and not have to pay. With in 48 hours an officer will contact you to meet with them to pick up your child. The father does not have to return anything to you but the child so if he needs a booster. Bring your own. Or they won’t let you leave with your child until you have one .
I hate to say this but you have a fight in your hands you let him take him without having him on birth certificate he literally yes kidnapped him
Call an attorney ASAP. Get advice to what you need to do. If you cannot afford an attorney, go file an emergency motion, or counter motion to get into ASAP.
If he is not legitimized, he HAS NO legal rights. He must give you back your child.
Get the police involved to pick him up with you.
Sean Poe read this & the comments
Married or not, neither of you filed for custody, therefore yes, he can legally keep him till court, I would file asap
Not sure what state your in but in GA, mother’s have all rights until the father files court papers and get legitimized and proven the father by DNA.
Depending on the state, parental kidnapping may not be qualifying until a certain number of days has passed. Ultimately the best thing you can do is get an attorney and file an emergency custody hearing. You could also try to get a restraining order on behalf of your child on the basis that he is refusing to allow visits and isn’t technically certified as the father yet…. When you do go to court you need to request a guardian ad litem so he/she can come up with a temporary custody agreement allowing visits both ways.
Girl you have the same rights depending on what state you are in so therefore if you know where he lives GO THERE I wouldn’t leave without my son. Then go file for a emergency petition ASAP
This right here us why you ALWAYS establish visitation through the courts. Verbal agreement is bad. Some states there’s nothing you can do but call a family law attorney specializing in child custody. Do it fast so it stay in your county of residence.
Authorities are going to say it’s civil bc he’s the father. I’d think him not being on the bc would help though. An attorney will help you and you’re going to need one for court anyway. He’s already fighting dirty and it’ll just get worse. An attorney now is going to use this against him. You may miss his birthday, but it’s nothing in the scheme of things (the dad hanging himself in the courts eyes). Document everything!! Whether you have a lawyer or not, it sounds like you have to go down to the clerks office at the courthouse and figure out what you have to do to get him back.
If he’s not on the birth certificate legally he is kidnapping.
If he has no rights then basically he has kind napped take the cops and go get him and when you get him back let him go file for visitation
Not considered kidnapping because you allowed child to go with his father 
You have to get an attorney. They look at it like equal rights for both parents. It’s nice when you can agree but if it’s not on paper then you are leaving yourself open to a situation like this.
Have you contacted police?
Go with the police to pick him up, until he is legitimized it is kidnapping!! Call the police as soon as you get there and say they refuse to give you your child back! He is not on the BC!
Girl go there and cal the police once you are there! I had to do the same
Uh no you go back to the sheriffs office and raise holy hell. This IS kidnapping and looks horrible for him in a custody case that’s for damn sure. I would show up at this man’s house with multiple people and take my
Child back if police aren’t helping. Let him call the cops, there’s no paperwork saying he’s is. And if the sheriffs office won’t help, contact local news stations and tell them the sheriffs office doesn’t care that a child is being forcefully held from his own mother. It’ll be quite a story
You told the police he was the father?
Do you know where he lives? Show up there, call police and tell them you are there to pick up your child and he will not give him to you.
Go to the court house. They will issue a warrant.
Go to his house and get your child back
I read the fact he’s not on the birth certificate. I don’t need to know anything else. Get the police involved if he has no parental rightd
The thing is that you don’t have court papers stating parental rights. Therefore, police will not get involved. He doesn’t have to be on the birth certificate, you have laid a foundation for him as the father. He could keep him until you guys go to court. I hope that’s not the case. 
Actually if you have Nothing in writing, nothing stating your the custodial parent, it doesn’t matter he’s not on the birth cert . Not of you’ve allowed him to play daddy this whole time. You’ve allowed him visitation already. Your son thinks he’s his father. He is in his complete legal rights to hold the child until paternity and a custody situation is established in the court. I know this sucks but it’s true.
My friend went their a similar thing. And her ex kept him for 6 months while waiting trial. He’s not on birth cert either but had been acting as father for 6 years. He got an attorney and said she was a danger. That’s all it took. It took her 6 months to we been see him again.
You need an attorney and you need to establish custody. Say he’s a danger. He clearly took him and won’t let him see his mother. That’s abuse.
I was having the same issue with my bd n a cop told me if my bd would leave the kids at a grandma house or something n he wasn’t there I could go get my kids back just to call the cops while I was there
If he’s not on the birth certificate then that’s kidnapping. No matter what the state. If you haven informed police he is not on the birth certificate & nothing is being done then the next step is to go public. That’s the police just not wanting to do anything. Also make sure you are documenting now b/c you can prove that you have not withheld the child but he blatantly is & that will not look good on him at all. You do need a lawyer ASAP b/c a lawyer can file a hearing & he could be court ordered to return the child within days. Good luck momma-
Diturbs me that your opening line was i am allowing him vistitation. Your childs mother not his owner. Both parents should have access to their child.
You need to get your child’s birth certificate and point out that the father isn’t on the birth certificate, that you haven’t established paternity, the paper from the courts stating that father does want to get a test done, anything you can to bring up to the police and have the father charged for kidnapping so you can get your child back.
But here’s what I would do, I would drive my happy ass over to his gosh dang house, and I would get my child back. I would break in if I have too. I don’t care. Have you tried going there?
I read the first sentence and that was all I needed.
I get so defensive when It comes to my kids. Don’t ask me what to do bc my brain didn’t hesitate to say busted that mf door down, get your son, then call the law.
Praying you find peace with this situation. Bc my ex would find my piece in his face 
And let me add… once you get your baby back, do not send him back until you a legal agreement!
Angie Risner
This is harsh but he does have legal rights & you have been giving him rights by handing him over to him every 2 days for 2 days & nights! On the birth certificate or not he’s still his father & you would now have to wait until after court as he can legally keep him & when the paternity test comes back it will give both of you closer & hopefully court will make that settlement & agree for you both to have 50/50 of your child & you will by law have to put the child’s father on the birth certificate…Hope you get to see or at least contact your son soon
That’s kidnapping. He kept your son past the agreed on time.
You should have gotten a lawyer the very next day. What could you possibly be waiting on? You’re going to get screwed if you don’t get help ASAP.
You have to tell the cops that you know the law and the law is he isn’t on the birth certificate so has no rights to your son. Now you want an escort to go get him. Thats what I had to do. To talk to the sheriff
Isn’t this considered kidnapping?