Unfortunately since there is nothing in writing from court technically this is not kidnapping 
y’all need to READ she went to the deputy (which would be the police where she is) and told her to do something else 
unless there is something in writing that he is only to have your son for a certain amount of time and HAS to give him back after his visitation or what ever then he can legally do what he wants
1 Like
If he’s not on the birth certificate and there’s no court order… I believe that’d be considered kidnapping and I would involve the police immediately. I’ve seen situations like this, and they didn’t play out well…, where the father took the child and it turned out the child had been harmed or was in serious danger. I would ask to speak to the captain, Sargent or lieutenant because they shouldn’t be ignoring this situation at all!!
1 Like
He is the father. You have set up a coparenting plan with him because he is the father.
He has as much right to his child as you do.
By the way, you don’t “allow” him to have his own child. Stop acting like you are the only parent.
He has rights as much as you do. It’s not YOUR child only.
You’d better figure out a way to grow up and start putting your child first and not what YOU want.
What you want is irrelevant.
That’s why police can’t help you. He has EVERY right to have his child.
6 Likes
Get a lawyer that’s your only recourse at this time. A judge needs to get involved right now to get your son back. Fight for your child at this time your giving the father all the power please take it back
His name doesn’t have to be on the birth certificate to establish paternity. You only have to name him as the father which you obviously did by sharing custody with him. This is a civil matter and until you get a court date there is nothing legally you can do about this. If the situation was reversed he wouldn’t be able to see the child without a temporary hearing either. He has just as many legal rights as a father as you have as a mother. Just because you chose not to put his name on a piece of paper it doesn’t change anything about the situation. You started the post by admitting he’s the father. Get an attorney, get a hearing, and set up a custody agreement. That child is as much his and it is yours.
You continue to call this man the child’s father. If that is the case, and if that is what you have been telling tbe authorities, he has as much right to keep the child as you. If legal custody or visitation has not been established, it is not kidnapping.
You can fill out a form at the court for the return of the child. And he will have to return him once the judge orders it. I had to do it with my now 7 year old. He was on the certificate but when we went to actual court the judge reemed him a new you know what because that is illegal. He cannot withhold the child.
1 Like
Call the media!!!
You guys?
Wouldn’t you be freaking out?
He ain’t even telling her.how her son is?
What if he harmed him or something happened!?
That’s how these cases go…
“Mother couldn’t get son back , father didn’t answer calls”
Meanwhile the kids “missing”
I think she should at least know if he is ok!!!
4 Likes
Oh and now since he has withheld the child you can qualify for legal aid.
Wait till he takes the kid to the sitter and go get him. You can legally take your child from the care provider.
1 Like
Show up to his house. Cause a scene. Make the neighbors hear what’s going on. They will call the cops. When they show explain that you are trying to get your son back but he’s ignoring you and won’t allow you.
3 Likes
If their is no custody agreement in place, whoever has physical custody of the child is considered the legal guardian. You need to get an attorney. If you do get him back, do not send him back to his dad until there is a legally binding custody agreement. Does your son go to daycare when he is with his dad? If so go pick him up for daycare
3 Likes
As soon as you tell them he’s the child’s father it’s not kidnapping unless there’s a court order or he takes the child across state lines. I would definitely get an attorney like they advised.
Unfortunately you have to wait on court
You have to take him to court sorry to say but he can keep him
He has no rights he’s not even on the birth certificate.
2 Likes
So you were supposed to get him back 15 days ago and still haven’t gotten an attorney??? 
3 Likes
I’d be calling 911 until my son was home. That’s kidnapping.
2 Likes
I don’t know if your child is school age or not but my daughter had this problem so she picked the boys up early from school and got them back.
3 Likes
You will need to file paper work for custody. It’s not kidnapping but it feels like it 
. Good luck.
1 Like
It’s funny that YOU think you are the sole person with custody without going to court. He has as much right as you do.
People are telling you to do the exact same thing when you get your son back. How do you think the father feels?
6 Likes
He has basically kidnapped ur kid…
File an emergency petition for custody stating the current situation. Get it done now and make sure everyone knows he took your son and is refusing to return him or communicate with you. A judge won’t take kindly to what he’s doing. Also, time to lawyer up.
1 Like
These comments are DISGUSTING. Y’all don’t know the law and it shows. Fathers rights vary state to state, and in many states, mine included, if unwed the father has ZERO RIGHTS until they establish paternity through court. Shame on some of these women
9 Likes
Instead of getting advice/ opinions you need to contact a lawyer today!! When it comes to your son that should of been done the week he kept him. Wish you the best!!!
If he isn’t on the birth certificate and there is no paternity established nor visitation and it’s just a agreement by mouth between u 2 I don’t understand how the police can’t help u! … if he was on the BC then I can understand where they would say get a
Attorney 
and I’m sorry but by law u are his mother he has to tell u at least how he’s doing! Cuz I would be breaking that Fukin door down!
You can go to the judge and get a writ of assist
Get an attorney ASAP!
They don’t know he is 100% the dad, hes not on birth certificate not been married to him so this is kidnapping. Is he still going to school cause if so i would take him back from school
3 Likes
Most likely his attorney told him to not let the child go back to you. Lots of attorneys do that until court. The best thing you can do is to go get you an attorney asap! Also, if you see him in public with the child, you can take him. I don’t know how it would play out with you busting into his house and just taking him. Although I would probably do just that!
1 Like
Also make sure u keep record of u trying to contact him and get a police report stating u contacted them about the situation even though they won’t do anything because u will need that for court!
I think you do need an attorney meanwhile try calling 911 and tell them that you are concerned if he’s safe there…. You haven’t talked to him…
1 Like
Father has just as much rights as you. He didn’t kidnap him you sent him and there was nothing in writing from the court stating you have custody. He can go file for custody. He already filed for paternity that’s his first step.
2 Likes
you should have went and just picked him up also file for sole emergency custody
I thought he doesn’t have rights until paternity is determined and he is on the birth certificate??
6 Likes
It’s not kidnapping unless they leave the state that law changed years ago get a lawyer go to court
Without reading the rest of it because I stopped after you said he’s not on the birth certificate he doesn’t have parental rights well unless you’re married or were married at the time of his birth. I know in the state of Ohio you can just go and take him so that’s what I would do if you can unfortunately the police can’t do anything because if you were never married there’s no custody established with either of you when it comes to who has him so he can keep him if he wants and so can you
2 Likes
My sister was in this same situation the cops told her that she had to wait around and hopefully he would bring him back thank god he did. Then he turned around and called dss on both of us when myself and my child had nothing to do with him. So the lady came for a home visit and we let her know everything that happened and it was bad stuff that he did and still does we live in South Carolina. My sister was going to put him on child support but the lady told her not to because he would then have visitation that my sister has full custody of him. I hope you get your baby back
Call the law and go get your child
3 Likes
There’s a Facebook group called “your legal questions answered”…
Real lawyers answer questions just like this one because I think you have more rights than you are being given at this moment
Go to his house and knock on the door. Ask for your son and call the police to come to his house.
2 Likes
If he send the kid to a sitter, school church anything go take the kid from there… I’ve been here cops won’t help u 100% more less have to kidnap ur child back
1 Like
I’ve had this happened to me before love. You can message me if you like. I got my kids back and could have pressed charges against the dad for kidnapping but I didn’t.
1 Like
It’s not kidnapping. The cops can’t do nothing. Your ex is doing what you should have did in the first place and that’s to go to court and get a CO in place. He didn’t kidnap is son. This is why you go to court and get a CO in place so this can’t happen.
1 Like
This happened with me and my daughters POS ‘dad’
Show up at his house and refuse to leave, I assume he works? (then again, I probably shouldn’t assume that lol) but if he does, show up at his work and follow him. Eventually someone or him will have to leave the house and when they do, start interrogating and record it all. Text/call his mother, granny, brother, etc. Yell and holler for your kid, make neighbors concerned and try to intervene, get everyone involved. FIGHT tooth and nail to get your baby back, worse that happens is police show up and that’s what you want. Though they can’t get involved, they can try to talk to dad and get him to hand the child over. Literally, stalk his every move so if he does up and decide to take the child to a sitter or family member, you have every legal right to go and take your child back without him there. If he threatens a stalking order, let him. It won’t do him any good and the quicker your case will get to court. Especially if there is no custody involved, the child is fair game. Once you do get your baby back run to the courts and file for custody and a temp restraining order seeing he is obviously a threat to your child’s safety by withholding him from his mother with no contact.
The really sad part of all this is the baby has to suffer 
I am sure they miss their mama/daddy and have no idea what is going on. Family law stuff is such a tragedy because someone ends up losing in the end and its usually the child…
5 Likes
Neither one of you have “custody” until it is stated in court papers. He is able to have him just as much as you are. No one can do anything because it is a family court matter, not a civil order UNLESS there is risk of harm for your child while with him.
2 Likes
Same boat. My sons birthday is the 16… dad took him from me but I have court papers and now contempt charges on him. I should hear March 3rd if I get him back. It’s a long process but you DO NEED A LAWYER YOU DO NEED TO FILE WITH THE COURTS. ASAP !! AND ITS expensive. But try to get the fee waivers that will help with the filing of the papers.
Since there is no set agreement no cops or anyone can do anything until court
1 Like
Um, that’s legally kidnapping… By law, if he is not on the birth Certificate, he has stolen the child since no custody has been put in place and youu are the legal parent until that happens.
3 Likes
You should have not given him any rights either. Get an attorney
Is your ex on the birth certificate? If not it’s a whole new game. However yes you’ll have to go to court file for custody asap. With your ex doing this it will look bad on him. You can file for custody without a lawyer but you should get one.
1 Like
I need to know your state, because there’s a few that he has the same Rights as you and there’s nothing you can do about this till court
2 Likes
Call a laywer and let him or her call everybody who needs to be contacted. Mostly a laywer can do a lot more then one of us can. Good luck, you and your son are in my prayers!
I would go puck him up from school maybe an hour earlier than show the school his birth certificate and let them know under no circumstances is My child allowed me to leave with anyone but me. I would burn a trail getting to an attorney to protect my rights. You should do this sooner than later
6 Likes
You need to file for an emergency hearing. An attorney is recommended but not required.
4 Likes
If yall both know he’s the father and you allowed him to go without a court order, then they won’t get involved. You can only get him back when yall go to court unless he decides to grow up and give him back. Its sad, but thats how it works.
Call the cops! The longer you wait the worse it looks for you!
1 Like
I had this happen, I had to drive 2 hours away and act normal to fight my way out with my child in my arms…go get your child! Do not let this slide and feel helpless! The police are crap.
Listen to me…the police do not care when it comes to parents withholding visitation…even when a parenting plan is in place. They consider it a civil issue…which means, no amber alert, and no help from law enforcement without something from the courts.
So at this point this is what you need to do.
Document everything that is happening…
Also go to your local courthouse and file for an emergency EX parte order!! This will allow you to go in front of the judge the same day to explain how you are worried for your childs safety as he is withholding visitation and communication.
Also if you file that parenting plan first you will have the upper hand.
Two of my kids were taken by their drug addicted bio mother for 14months and drug all over the United states…the police did nothing to help. We got them back finally…if you need any guidance feel free to reach out to me.
1 Like
You must file for an exparte NOW - emergency custody Go to the courthouse - you may not need an attorney but I not sure
Either way you’d have to go to court. So do it and get him back.
Go file for an emergency hearing right now, find a lawyer asap some do payment plans, if he isn’t on the birth certificate I’m not sure how this is being allowed.
2 Likes
Possession is 9/10ths of the law, even when it comes to children. Without a court ordered custody arrangement there’s nothing you can do.
You dont need an attorney. It might help but you can do all the paper work on your own. Request an emergency hearing. Or show up to the mans house that has your child. Call cops let them know you allowed this man to have your child for two days and thats it now hes refusing to give him back and that hes not on the birth certificate and that him being the father is not established.
He doesn’t have anything saying you can’t go get your son. I advise you go get your son asap and get an attorney asap. what he is trying to do is establish residency for your son. That could work in the father’s favor and he would be the custodial parent
2 Likes
Show up at his house with the police and the child’s birth certificate showing that no paternity has been established and report the kidnapping from outside his house!! Then file for an emergency hearing to establish some rules
3 Likes
Call the police and pick him up. Depending what state your in (like in Ohio) if you’re never married you have full custody over the child until paternity and a court ordered custody is established
1 Like
I’m so kind blown that the police aren’t helping. I’d go demand to talk to someone who isn’t an idiot!!! How old is your son?
If you don’t have a custody agreement there’s nothing you can do. I was told once when my daughter went missing in her father’s care (she was found safe) by the police since there is no custody agreement they did not have to tell me anything. I would advise getting an attorney.
You need a lawyer and you need to file for an emergency hearing. DONT WAIT! This happened to me. When I went to court, he had her for 1 week. The judge gave him 1 hour to give me back my daughter and the judge chewed him out for such BAD PARENTING! It was literally the worst week of my life until I got her back! I’m so sorry your going thru this but you need a lawyer and a emergency hearing. I had to pay $5000 to my lawyer after it was all said and done. My daughter is everything to me. The police wont get involved. They will say it’s a civil matter. But this situation he had caused will help you get full custody. Good luck and I would love to hear an update. Il be praying for you!
1 Like
You DO need an attorney, and to go to a magistrate and claim custody.
Call the police while at his house with his birth certificate,he’s not on it therefore as you said it’s not even positive he’s the father.No paternity has been established anything is worth a try.Also file straight away for an emergency hearing.Iv been there mama I know your pain 
3 Likes
Shoot! You don’t have a dad and an older brother? I would damn sure be getting my baby back!
I don’t know about where you are from but unless you went to family court and worked out custody, he doesn’t have to bring him back. Sounds crazy I know but until custody is established you both have the same rights. I would get an attorney and start the custody procedure and establish who is the primary caregiver and what custody arrangements you are looking for so if he does try this again then it would be considered Kidnapping. I went thru this.
1 Like
It doesn’t matter if he is on the birth certificate or not, if he’s the father he has just as many rights as you do and if there’s no custody agreement in place prior to a child going on a visitation he can keep the child and you have to wait until court to get them back there’s nothing law enforcement can do it’s a family court issue. I’ve seen it happen so many times over the 13 years I worked in ECE.
Umm…if he has no rights, and yall were never married. Why have you not called the cops and shown up at his house to get YOUR son?
You needed to get an attorney on February 8th!!! This is the 23rd…. Like what???
1 Like
Unless custody is established neither one actually have custody depending on the state you live in. Therefor he is 100% legally allowed to keep him, just as if you were to do it.
1 Like
Welcome to the world. You arent the only one not getting your kiddo. Some people don’t get anything you should be more greatful
2 Likes
Thats what i was afraid of with my kids father. Luckily i went to court and was granted sole custody of my son. Unfortunately if theres no custody order in place theres nothing the police can do. But he IS in the wrong for not keeping in contact with you. A judge will not be happy to hear that hes ignoring you. My heart breaks for you. I truly feel your pain. Best of luck. Stay strong.
1 Like
Go get your son. Call the sheriff and have them meet you. That is kidnapping. It’s not allowed to happen even with court ordered visitation. The child must be returned per court orders in those cases. Possession is 9/10 of the law DOESNT APPLY to children with visitation. The father has no legal right to even see the child at this point. That was you being kind. There’s no paternity established( I’m sure he is the father or you wouldn’t allow your son to go) so there’s no proof he is the father( kidnapping). Refusing to return a child from a visit is also considered kidnapping. I think there’s is a misunderstanding in how it was explained to law enforcement. Call them and have them meet you there.
3 Likes
Need a custody agreement. You let him go there so you have consent. This is my biggest fear! Get a lawyer for sure!!
You need to file for custody. This isn’t kidnapping. And totally depends on the state you’re in if he has no rights or not. If you acknowledge it in anyway, which you obviously have by letting him have 50/50 custody, then good luck using any of this as evidence.
Depending where u are it is called parental kidnapping and if he is not on the birth certificate then u may need to call the state police
If paternity hasn’t been confirmed yet and he isn’t on the birth certificate that’s kidnapping…I’d go to the court house and talk with the magistrate asap file for temporary custody ( but with no one else on the birth certificate you should have all rights and primary custody) and tell them you want your child…or show up to his house and call the cops…and tell them…he hasn’t been identified as the father and won’t give you your child…and then keep your son until you have a custody arrangement through the court system not allowing this to happen again…at this point you could be held responsible for child abandonment if you don’t do anything but wait…your the only one on the birth certificate and your child isn’t in your custody…don’t allow your ex to pin this on you and make you out to be the bad person…show up to his home with the birth certificate in your hands and any texts detailing the arrangement you had and call the police…and don’t leave until your child is in your arms and DO NOT let your son go back until there is legal arrangements in place allowing you both to be involved and going to jail or rights terminated for who ever doesn’t comply to a court order arrangement.
4 Likes
Get a lawyer and file a ex parte order (or locate and detain) we had to do this when the other parent refused to bring the child back and police would not get involved in a family matter. The ex parte order was filed and order made in less than 24hr but we also
backed up the motion with a lot of evidence. Even then because the other parent said they filed court documents in their area the cops would not get the child even though it stated they had to. When that court date came 2 weeks later the judge ruled in our favour and then the cops had to get her. She has been happy, thriving back home and recovering from the 2 month ordeal
1 Like
A lawyer will help you a lot if the father is not on birth certificate and will not get him back. He will get an emergency hearing started or you can go do it yourself.
2 Likes
This happened to me and the father won primary custody because I believed all the typical lines of “mother’s have more rights” and read stuff on the internet vs getting a lawyer.
2 Likes
I would be going to jail for breaking and entering and for whatever else that goes down while I got my son back so don’t listen to me🤣
Go get a custodial custody. That means if he wants to buy h a kleenex, who have to agree
When a child is born neither the mother nor the father have automatic “custody” of the child, married or not. You need a lawyer and you need to file for custody of your child. There is nothing else that can be done. I hope you get everything figured out and you get your baby back!
Get a lawyer. Theres no custody agreement. He can keep the child till there is a court date and told otherwise.
You need to know what the laws are in your state. Apparently the father has already done this through an attorney. If the locals are telling you to get an attorney then you should have already done it.
In TN what the father is doing would be considered kidnapping unless he had a court order giving him emergency custody until a hearing could be brought before the court.
Get an attorney
1 Like
Here’s the problem–
#1. You referred to him as “the Father”. That is admitting to paternity, until DNA paternity is established, then he is presumed father.
#2. You willingly let the child go with him, and since there is no custody or visitation set up through the courts, and he is presumed father (back to #1) by law there is nothing the police can do to help at this time.
This is why you were told you have to get a lawyer. Custody and visitation arrangements have to be set in place before any action can be taken. The second you acknowledged paternity by calling him the father, he received rights by law. You did this in front of police. Their hands are tied. I am sorry for you with this situation-get a lawyer. That’s all you can do.
2 Likes
Y’all give some REALLY bad info and def not what is ACTUAL law!
A new law was passed that police will not get involved with these types of situations. If you were served with papers then you need to follow through with it and do a parenting plan and I hate to tell you this but if you have been acknowledging him to be the father just because he has no parenting plan he has every right to the child that you do. So yes you need to get an attorney file a parenting plan and work it like that.
Writ of habeas corpus - he is being held without his will. The child should be surrendered immediately to the custodial parent.
3 Likes
Go to juvenile domestic court and file for sole custody before he does once you have the paperwork proving you have sole custody your ex will have to give him back. You can do this yourself without a lawyer.
2 Likes
If your ex is not on the birth certificate, and there is no paternity established, that is kidnapping.
Your sheriff can be as much of an asshole as he wants to be, but demand it to be charged.
If someone takes your son who isn’t on his birth certificate, that means anyone could just steal a child.
Take your sons birth certificate and all his identification and your identification, and go file charges. Go get your son.
My son’s father is not in the birth certificate and paternity is not established. If he came and just took my son and refused to give him back, I would never stop until I got him back or I’d be in jail for what I’d do.
You need to get lawyer involved and emergency court hearing to get him back like the police are telling you they will say they can’t do nothing. Hope you get him back nothing worse than an idiot thinking he’s doing right by his kid🤔 x
3 Likes