There are a lot of legal stuff things going on here. Since he filed for paternity an visitation you need to file a Pendente Lite with the same case number that is on the petition your baby’s Dad filed and it will be expedited hearing so that you can be heard before the trial so that you can get some sort of visitation and see your son in the mean time. It is through Juvenile and Domestics court (it will say on the information your ex filed). It is all civil so the law will not intervene unless there is a clear court order (and even then sometimes they won’t enforce it and you have to file a show cause). That is what you have to do unless you really want to wait until that trial date on the paperwork that was sent to you.
From someone who worked at domestic violence and also works with the court system daily. There is no active custody order through the court system there is zero you can do about it !
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my older sons dad did this when he was 3 almost 4 he kept postponing court etc I went 5 months without seeing or talking to my son it hurt so bad , I got a lawyer paid 10,000$ got joint custody agreement and then his dad got in trouble I got full custody he cannot see him unless supervised ( he’s In prison so won’t see him for a long time if ever ) it’s a shame they do this to hurt us and it hurts the kids more
Call social services and domestic violence.
You can go down to family court and tell them you want to file for an emergency hearing and you will see a judge that day. Atleast in my state that’s how it goes.
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Don’t listen to what happened with other people in their experiences. It will screw you in the end unless they have a legal background in family law. Even so different state laws and counties vary.
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This is a civil matter and not criminal because you’ve given your son to him and allowed him to take him. What you need to do now is go get a lawyer and get a exparte hearing asking for your son to be returned to you immediately! Then you’ll need to go through the courts and establish a real custody order so if he violates it you can document it take him back to court and he will face repercussions depending on the state. At first it’ll be fines and if it continues he will have his custody time cut or tooken away and given supervised visitation. That’s what a judge told my daughter’s father when I went through this (California). I know it’s hard and emotional and all you want is your son back but you have to go about it the right way so you can prove to a judge you are one fit and two responsible. Good luck momma🙏 I’m praying for you and your son.
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File for emergency custody until paternity is established then go back for the other stuff. You can do this yourself - the clerk and court assistants can help you
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go to the court and file emergency custody. and explain that you was being nice and allowed him to spend time with him and he is not considered a parent to the child and he abducted your child
You really don’t have to have an attorney but it helps! In missouri they told me I HAD to have one… ummm no i can represent myself in any proceeding but yes unless he leaves the state then you don’t really have any grounds for the police to do anything. Go to your local courthouse and say you need a petition to establish custody and a fee waiver fill every line out and in some states you can request a quicker court date. In this area you can put "please expedite the heating because icdo not know the whereabouts or health condition of my child and he could very well be in danger). If the father has been diagnosed with ANYTHING even depression or something small put it there
If he is the father and a paternity test has been done, he does in fact have legal rights. And unfortunately even though it is wrong (I am not in any way condoning it) but he can withhold the child until a custody decision has been made by the court. 
you can however get an attorney who will file emergency temporary custody and they will call for a pendente lite hearing.
Unfortunately it’s just not against the law that he isn’t following a custody schedule because a custody schedule has not been set by the court.
He doesn’t need to be on the certificate… if he had had visitation already it still goes to court for custody etc I’d get a lawyer asap
Ok so if he’s not on the birth certificate and the paternity test didn’t come back yet, you clearly didn’t try to file a report with law enforcement.
However, if paternity test has been done and confirmed he is the father then there is absolutely nothing you can do until you go to court and get custody order in place.
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You need an attorney ASAP.
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Get a lawyer, go to court and file for emergency custody.
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This is parental kidnapping. With no court order, the cops should do something. However, if you know where he is, file for an immediate emergency custody order and the cops will HAVE to do something
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You will need an attorney. Get one ASAP. There is nothing that says he has legal rights however, there is nothing saying he doesn’t. It’s because nothing says he doesn’t you will need an attorney. You can however, call the police for a welfare check just so you can get an officer to go to the house and make sure your son is alright while you wait for an attorney to get the ball moving. Your lawyer can file an order to grant you temporary custody until the courts can get you in and hear the custody case. Unfortunately it is not kidnapping because you have admitted he is the father, and you willingly sent your son with him. At most it’s parental interference which could be enough for the judge to grant you temporary custody.
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Go to the courthouse and file an emergency hearing. That’s likely the quickest way to get something done. I’m sorry you’re going through this.
Call the law go get him and get court order vists so he can’t do this
I have no advice. But you were doing the right thing and then this? I’d lose all my trust in him. I’d lose my shit
I am so sorry you are going through this. My sister went through a similar situation where the father did not want to give back my niece and there is nothing you can do until you go to court. Even if he is not on the birth certificate but if he is the father he has as much rights as you do with your baby. It just doesn’t make sense and it’s very hard. This is so wrong of him to do this to you. I’ll keep you in my prayers and hopefully he gets some sense and gives you back your baby.
You lost me at “I have been allowing my son’s father visitation with him.”… Grow up. Your child isn’t your personal property.
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You absolutely need an attorney
In these situations, lawyering up asap should be one of the 1st things to do after contacting local law enforcement. You need to speak to an attorney like yesterday! It’s considered a civil manner, not criminal, in most custody disputes so that’s often why law enforcement can’t do anything more than a welfare check.
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And the way you’re doing it is plum crazy two days here two days at that has to be confusing for the child it should be every other weekend and maybe one day through the week sounds like you’ve been wanting to just get a break from your kid but he has no legal rights I would get a cop and I would go get my child and he would not get back unless it got established legally that is kidnapping
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Do you know if your child is even in his care? He could have lost your child or moved him to another address.
Get an emergency hearing. If you haven’t spoken to or seen your child make it known that you need a welfare check done, by police.
Tell the police you fear for your son’s safty. You will have do everything short of accusing this guy of murder.
Get a lawyer. Document and record everything to do with you son and the guy that took him. Explain to this guy you are retaining an attorney. Get together as many good references and character witnesses for you.
Write to his employer, family and friends about what he’s done.
Do not slander him or make up any untruths. State that he won’t return your child and you want them aware of the situation. Give them your email to respond. Sometimes people close may speak some sense into him.
Praying for you to be reunited.
No matter what state you are in if he is not on the birth certificate and paternity is not established even if he filed for custody it is kidnapping because until paternity is established he has absolutely NO rights at all
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Go to legal aid…they give free advice.
Also go to the friend of the court at your local courthouse IN PERSON and request to speak to someone there. They can help you sort through what the actual laws are in your specific jurisdiction. They can also give you all the necessary paperwork, help you get an emergency hearing to establish custody and get your son back, and issue a court order to allow the police to help you take your son home.
Police don’t usually get involved in custody related issues without proof of custody or a court order. They err on the side of possession is 9/10 of the law unless there is a court order otherwise. Did you show them his birth certificate? If the father is not listed then they should have interceded because he cannot prove any right to the child if he doesn’t have a birth certificate or official court documents to say it’s his child and he has a right to have him. They will likely try to tell you that you allowed him to take the child……but that is no different than if you drop him off with a babysitter and they refuse to let you have him back when you come to take him…… it is kidnapping or at the very least interfering with child custody. Although unfortunately you will probably not get them to act without a court order.
You can also try contacting the court through which he filed the paperwork to establish paternity and custody/visitation. Ask them what they told him his current rights are. Maybe he misunderstood them???
I would not stop until I got my child back. I would be showing up at every police station, court office, etc until you get someone to take action. I would even try CPS….child protective services. Keeping a young toddler from his mother and primary care giver without cause is harmful to the well being of the child. It is emotionally abusive and psychologically damaging. Try visiting you local CPS office and ask to sit down with someone and talk it through. You are right to be worried for your child’s safety and well being. Someone who truly loves this child would not be keeping him from the only parent he has ALWAYS known.
Good luck. I am praying for you and your child. Keep us posted here.
If you handed the child over it’s not considered kidnapping. A lawyer is clearly what you need
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Local authorities will not do anything, your best bet is to serve him first. Also I would get real use to being without your son for birthdays and holidays, unfortunately no matter how civil you are if you take it to court you’ll miss more than just one birthday if you all cannot get on the same page for what’s best for that baby.
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Until Paternity is established he does not legally have to give you the child back so you will need to hire a attorney to get your child back
Why haven’t you went and picked him up? All you have to do is go get him! The dad can’t stop you from taking your kid back because you have custody of him… Get him ASAP. Also, by not going to get your kid, he can file amendment and neglect charges on you and get full custody… Make sure you have the birth certificate with you. It’ll show that your the parent with custody. If you want or need the police involved then talk to the captain or cheif. Or state troopers/ police. Etc .
This is why child custody/visitation papers are so important to file.
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First you should have never said it’s his “father”, which technically he isn’t…yet. This man has no rights to the child, like I said yet until paternity is established. You should of just said this man thinks he’s the child’s father and has kidnapped him. Now your going to have to go and file for emergency custody papers, which will grant you back your child to you. That is prob the only way you can get him back now. In the mean time you can however ask the sheriff/police to do a child welfare check so the cops can actually see the child and tell you yes he is ok. I would IMMEDIATELY go and file those emergency custody papers like RIGHT NOW! If you go and file today you can potentially have him back in your physical custody today, tomorrow at the latest.
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You are pretty much screwed… there’s nothing they can do until the court system kicks in. My crazy ass would go to his house. 
It’s kidnapping if he isn’t on birth certificate!!! File for an emergency hearing at court.
Had a friend who went through something similar she had to go to court, the police cant interfere because they call it a civil matter unfortunately. Going to court is the only way it’s kind of messed up but you should definitely obtain an attorney.
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Call cops that’s kidnapping where he has no proof of being the father
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Does he go to school?
If so
Pick him up from school and get him back
The school can not withhold your son from you
Unless there is a court ordered agreement stating otherwise
I’m unsure what state you live in
But unless court ordered otherwise
(This could vary from state to state)
In some states Possession is 9/10 of the law
Meaning that ownership is easier to maintain if a person has possession of something and difficult to enforce if a person does not
Unfortunately with no court order agreement
The only 2 ways to get him back is to find him
And take him back yourself
Or go to court and file for custody
If he has not contacted you at all
I would call the cops and tell them you’d like to do a welfare check on your son
Explain you’ve had no contact at all for however many days and you’re concerned (you do not have to get into much detail here. They don’t deal with civil situations like this any way. Just do this to get peace of mind that he is okay)
They’ll go check on him and get back to you (most cases)
This is considered a civil case
Something that needs figured out through court
The cops do not deal with that
Unless you have court papers stating you have primary custody with specific visitation
Then the cops would/could enforce the order
Best of luck
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Unfortunately possession is 9/10ths of the law so no one can get involved aside from a lawyer. That’s why they keep telling you that. Good luck to you!
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If there is no custody established he has just as much right as you. The police won’t go get him back, you can send them to do a welfare check to make sure he’s okay. But not much you can do until you go to court. I’ve been through this years ago,I’m sorry I know how hard it is being away from your baby
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Emergency family court date!!
Attorney. Contact legal aide. Try calling DCS.
That’s kidnapping in our county if he’s not on the birth certificate. You better get a lawyer fast or hire someone to steal him back
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you can call socialservice or the police
File kidnapping charges!
Unfortunately if there is no court order there is nothing you can do I went through this with my youngest wasn’t able to see him for 2 months finally school started and I went to the school to be able to see my son. However the school wouldn’t release him to me. At that time I just wanted to see him it was a long process and heartbreaking but finally was able to go to court
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I’ve been thru this. Considering he is not on the birth certificate, has zero legal rights to keep that child from you whether you gave him to him or not! Call the cops.
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You need to get a lawyer ASAP. Law enforcement didn’t do anything because they don’t consider it kidnapping because he’s the father. Now if you had courts papers saying that you had full custody, then that would probably be something different.
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Go get your kid!! Asap!!!
Do you have full custody? And by that I mean through court, many people think that just because they’re the mother there automatically the legal guardian. So chances are you’ll have to get lawyers advice on what to file
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You established his rights by agreeing to shared custody, whether he’s on the birth certificate or not. Your best bet is to get a good lawyer, and show up to court.
A judge is not going to like how he’s keeping him from you, so you already have the upper hand.
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Should have no rights!!! Its kidnapping yall are not married!!and had no court yet so there for he needs to give him back POS
I’m dealing with similar myself. Its been 3 years now and I still don’t have my son. The only thing you can do is get a lawyer. Cops won’t do anything. Legal Aid can’t help and DHS can’t unless you have witnesses him abusing your son.
I cannot even imagine i am so sorry 
If he isn’t on the birth certificate or have established paternity then you can call the cops for kidnapping and show them the messages. Print off everything that can be used as evidence. Write everything down.
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Unfortunately without a legal custody’s agreement, you have no rights as well. You need a lawyer to establish custody and visitation. I’m so sorry he’s doing this to you.
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File for an emergency custody order
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If he’s not on the birth certificate that’s kidnapping (I mean, even if he was it’s still kidnapping but they have rights and all that ) so the police should definitely be getting involved
If he served you with papers contact his lawyer and inform them that you intend to use him denying you your access to the child against him in court.
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File kidnapping charges if his name is not on birth certificate
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File kidnapping charges on him
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If the police are telling you to get attorney, do it. Make sure to tell your attorney about how your ex won’t answer your texts or calls and DOCUMENT EVERYTHING. Also, alternating every 2 days is too much for kids.
State laws differ widely on this stuff. Get an attorney immediately. I don’t know why he suddenly pulled this stunt, since you gave him partial custody voluntarily. Rest assured, judges don’t look fondly upon this behavior.
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Did you bother to tell them he is not on the birth certificate? They can’t do anything until you have court papers IF he’s on the birth certificate but if he’s not that’s a different ball game
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Call the police ask for a welfare check.
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Make a appointment to see a judge! He legally doesn’t have proof that he is the Dad. Heck go up to the police department and tell them he isn’t the bio father he was just being there for the child since he isn’t on the birth certificate and they have to get him back. I’d be playing dirty just like he is. Bc that is wrong
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Always get it court ordered so when he violates you get kid back and he goes to jail
First id call in to local pd and file a missing child report, dont say gis father has him cuz paternity isnt established. Say your baby has been kid knapped by a male thinking he may be the father. If that dont work… Id be equipted with a baseball bat (as protection) and kick a door in. I dont play when it comes to mine.
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call the FBI kidnapping until he established if Hess the fatherr
You were served papers so he has a lawyer. Get a lawyer and contact his lawyer. The police already told you what you need to do. Go see a judge
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that’s definitely kidnapping
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Contact a lawyer right away
head there and get your baby back.
Praying in the MIGHTY Name of JESUS that you will be united with your son soon
This is Kidnapping if he’s not on the birth certificate and there’s no paternity test he has no rights! It is kidnapping
Call the State POLICE AND TAKE YOUR Birthcerticate with you
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Tell the sheriff he has been kidnapped- which he has - and press charges
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I would definitely call and have them go do a welfare check, just to make sure your son is okay and dad isn’t hiding anything.
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If he’s not on the birth certificate it’s classed as abduction! Go back and slap the police and tell them to do their job
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Go get yr baby. I be damned. Different laws in each state. He knows somebody at the police department or else his tail would be trying to bond outta jail.
He legally can not have your child the license should pick him up sense he has no rights and the fact that he’s not responding raises red flags
Wtf!!! The police is just ignoring you?! That IS kidnapping! He has no legal rights, if the deputies are ignoring you then go higher up to the chief, and most definitely get a lawyer go to Dhr and get emergency custody and keep him away until it goes to court, and when it does tell the judge that when you ALLOWED your son to go over there he refused to give YOUR child back, and that he has no rights, you’re not married and he didn’t even want to sign the birth certificate! I’m so sorry you have to go through this mama! I hope you get your baby back
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Leave out the father part …he’s trying to establish that he is! Make sure you tell them that! and NOT on the birth certificate and has NO rights to your son!
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This is kidnapping. An amber alert needs to be put out. I don’t know why they’re not helping you. He kidnapped your son.
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If he is not on the certificate, this is kidnapping regardless of paternity results in the future. There is no legal documentation stating he is the father…juuuust saying
If you do get them back do not let him go back until custody is established. Technically no one has parenting rights. He’s not on the birth certificate I would contact a lawyer. Another way is a file a emergency restraining order if you think your son is in danger. Put both your names on it. The police will escort you to pick up your child. My cousin had to do this when the father refused to give him back and threatened to take off to Mexico
The first issue is you keep saying he’s the father. If he’s not on the birth certificate and paternity hasn’t been established then quit saying that. If a friend of yours kidnapped your kid it would be a different story and he’s legally not the father until paternity is established. You need to call the police and say that a male friend kidnapped your kid.
Not listed on birth certificate and never married I would say it’s kidnapping.
Just go talk to a lawyer…facebook is NOT the place to ask for legal advice on something like this.
Definitely get a lawyer. And file motion for court date to. Get legal custody for this won’t happen again
I don’t understand how you are actually being calm enough to ask for advice dear …. The momma in me would have me and everyone that know me and my baby down at the jail house/his house making someone explain why my baby is not back in my custody!!!
I pray you get your baby soon💕
You need an attorney because Neither one of you have custody that’s why until custody is established there not going to take him. You yourself established paternity when you set up the visitation but you will get your som back, the sooner you get an attorney to do an injunction on your behalf you’ll get your son back. Praying it’s over soon and your son is well and being properly cared for.
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the man don’t even have paternity established 
Keera Nunez
I’m a social worker and this is definitely kidnapping if his rights haven’t been established yet. If the police won’t listen, ask to speak with a supervisor or call Children’s services
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I suggest a temporary order of custody
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He cant keep him from u press charges go to the news
You need an attorney and file an emergency ex parte
its kidnapping since there is no established paternity
the sheriffs dept must take your compliant, he has no paperwork saying he is the father. call the state attorney generals office for your state and report the sheriff dept, or tell them you spoke with them and they directed you to have the sheriff pick up your son m(father has no paperwork).
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It’s kidnapping if he’s not established as a parent yet. You are to care for child until paternity is established or an emergency order is placed. Call the police this is not civil at this point
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