I say If he was born under your name he is your child an he is kidnapped!
I was told that if there is no legal custody order in place yet that the father can absolutely take the child and file for custody even if they are not on the birth certificate. You could write anyones name there. He’s trying to establish paternity so that he can have those legal rights to his child. And people dads not always the bad guy. Legally he can keep the child until court if they do not already have an order in place. And she didn’t state if he had gotten a paternity test since she was served with papers. Which he could have and that makes this totally legal.
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If he’s not on the birth certificate and doesn’t already have parental rights you should be able to press kidnapping charges on him. In some places, you have to inform the police that you know this and force them to do their jobs. It shouldn’t be that way, and legally you shouldn’t have to tell the police how to do their job, but sometimes you have to inform them that you know the law and they need to enforce it. Been there, done that. Not over my kids, but I knew the law and they were just to lazy to enforce it until I informed them I knew the law.
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Call the cops for kidnapping, he’s not on the birth certificate and paternity has not been proven, along with no custody agreement or child support order. That is kidnapping. Stop saying he’s the father and call it for what it is, kidnapping.
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If you dont have custody he can do this. You set yourself up for this by not going through the courts for visitation.
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It is certainly time to get him back. Check with the District Attornys’ office.
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My heart hurts so bad for you right now, my son’s father is on the birth certificate but legit has kept my son from me the same week of the 8th this month. We have a different schedule arrangement but the similar thing happened to me and I’ve got the same response. I live in MI and got told the same thing, cops called and all but since there’s nothing legalized I couldn’t do anything but start the process myself. This shit is horrible and my heart goes out to you, I’m deeply sorry that this is happening.
Does he have any medical issues you can use? That he is not being provided for as he should be. Has he had all his doctor visits. You must be a legal guardian to take a child to see a doctor and he is not.
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Unfortunately I went through this same situation. He kept her from me for 2 months. I had to fight with 2 different states court systems, police, and attorneys. Police can’t do much other than tell you to file a petition in court. “Its a civil matter”. I ended up getting an attorney and the court made him bring her back for his court date. I was allowed 20 mins with her before the hearing started…20 mins after not seeing her for 2 months. They ended up pretty much giving her back to me and wrote a whole new custody order.
Next day he calls me to let me know “he had changed his mind and we could ignore the new order…hes done”.
Called the judge, let them know what was said, and now I have sole custody of her.
All I can say is keep fighting. Find an attorney and don’t take no for an answer. Its gonna be hard and it’ll feel like youre breaking…but you got this. Positive vibes hun. 
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Call the police, bring your child birth certificate and go get your child back. Hes kidnapping and honestly that looks bad on his part if he’s wanting any visitation once paternity is established
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Go to the media if the police will not help you. Seek counsel. Ask for a wellness check on your son via police or children’s services. HARASS the police until they do something.
Legal counsel can help you get an emergency court order because this man is not legally a guardian and it is kidnapping.
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Omg! What state do you live in??
Him not being on the birth certificate is the clincher. Go back to the cops. Or call the Sherriff? Or the news if the cops won’t help!!
Unfortunately you don’t have legal custody because you never filed with the court so the cops can’t help you, yes the judge will claim it was kidnapping but nothing really happens, you can ask for an emergency hearing though. And most likely the judge will rule that your son be returned to you immediately. I went through the same thing except he dad was on the birth certificate. Good luck
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Does you child go to school? If so follow them to the school and go in and pick your son up and then file an emergency custody. Or follow them and take your child back and go file emergency custody and stay somewhere else but your place of residence until after court. Its sad when you are left with no other choice. I would definitely go to the police again and explain your situation and the fact that the father has no rights as the paternity hasn’t even been established yet nor is he on the birth certificate. There has to be something that can be done
Ummm they should be willing to go there with you to get him because he has no legal rights to him. Call a lawyer and ask them what to do. Because technically that is kidnapping.
Last resort take a protection order out for you and your son my son’s dad took my son for 2 months and I tried everything that was the only thing I could do to get my baby back
In Michigan the sheriff states this: if unmarried the child comes from the women’s vagina and therefore father’s have no rights, unless established thru friend of court. We found this out when my son had me watch my grandson and mom came with the police and took him.
You can’t keep calling him the “dad” when you call the police. If he’s not on the birth certificate and he has not yet established paternity then he is not “the dad” yet and this is kidnapping. As harsh as that sounds you have to call and tell them someone has taken your child and failed bring them back or answer.
Call him an ex or whatever but if you keep calling him the dad they’re just going to assume that paternity has been established or he’s on the birth certificate and that this is a civil matter that needs to be handled in court but it’s NOT as of right now if everything you’re saying is true.
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So you really do have to file in court. You also need to show proof that he’s completely withholding access to the child from you, and that previously you always allowed your child to see his dad. He will get into trouble with the courts for withholding the child from you. But you have to go to court for it. What he is doing is parental alienation when there is no cause for doing such. You giving him visitations can be considered you acknowledging that he’s the father. Which ties the polices officers hands until there is a court order in place. Even with a court order they will typically tell you it’s a civil matter and you need to take it to court. Definitely go start filing with the courts ASAP. Any contact with your ex needs to be thru text so you have proof of everything said. Make sure you document everything that you can remember for the past few months, include copies of supporting texts and other proof. Submit all of it to the courts. Documentation will be extremely helpful.
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It’s because they can’t do anything if there is no custody agreement. Just hang in there. This will look really bad on him in court when you tell the judge he wouldn’t let you see your child.
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If no custody is established he has just as much rights as You do just like you can show up there to get your son. Fathers have equal rights untill determined different in court. You can also call for a wellness check
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Call the police right now! If he has no parental rights this is considered kidnapping!!!
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Why were you letting him have visitation but not adding him to the birth certificate in the first place? that child is just as much his as yours. him keeping the child from you is wrong, but you keeping him off the birth certificate is wrong. unless you had reason to fear for your child’s safety, and then you should have not released the child to him in the first place.
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Call the police woman its kid naping
I’m in mi, same thing happened. I was told to petition the court. Luckily he only kept her two days more than what he should. Police wouldn’t do anything.
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You have to get a lawyer and take him to court for custody
In state of Nh if you don’t have a parenting plan there’s no established guardian. You both have equal rights. He can’t leave state with your son tho, that’s kidnapping. You NEED to lawyer up.
Unfortunately, if he’s the biological father, the only way you are getting your son back is if you obtain a lawyer. Why even let him visit the child if he isn’t on the birth certificate? He had just as much rights as you do!!
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Call the police. They have to do something. If he isnt on the birth certificate and he hasnt gotten a paternity test yet then he kidnapped a child that as far as anyone knows until Proven otherwise isnt his. Literally call and say he has been kidnapped cause he has
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I no Ur feeling this has happened to me and as we speak I sit and cry thinkin of my two girls faces it’s been 3months past since the 6th of February all I can do is wait court my little girls love me so much and always show it It jus kills me thinkin do they think I have forgotten them do they think there not loved or wanted by me it’s so heart renching I can’t even sleep at night every second of everyday both there faces never leave my mind my heart feels lyk it can never be fixed again it feels lyk it has takin all the pain and hurt that it can. Go to court hold tight
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birth certificate or not if he already filed with courts to establish there is nothing you can do but go physically take him back! he had no legal rights but once he filed for court to establish it no longer matters by providing access and him filing it is now court issues however until court you can take him back at any time and I’m assuming he knows this!! which is why he will likely not give that to you until court date
Depending on the state like Texas if you are not married the father has no rights, until it is established by proof in court so why no one is helping you beats me, but I believe if you showed up at his house and he refuses to let your son go with you then call the police and file kidnapping once that’s done you need to file for a protection order and file for an emergency custody hearing.
You can file a pfa. If granted he will be ordered to hand the child over until yall gonto court. Do.you have and kind of custody arrangement?
Call the police…he isn’t on the birth certificate…
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Report your son missing asap…the police will charge him with kidnapping if and when they find him…you have let this drag on that sob is probably in mexico by now…
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I wouldn’t even mention he’s the father and doesn’t have rights established etc. if he’s not on the bc and doesn’t have established paternity, he is technically kidnapped because for all anyone knows, he’s not actually the father. I’d call and report him kidnapped.
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If he’s not on the birth certificate, mom is the ONLY person with custody period. Anything else is kidnapping! Mamas baby, daddy’s maybe until confirmed!
everyone that says this is kidnapping is also missing the part where he already filed with courts meaning they know child in his custody and assuming it is his child!!! until court you can take him back but it isn’t kidnapping because he already filed for legal rights
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in that case sweetheart, your gonna have to fight for that baby, if his isnt on his bc then why is he doing this? at this point its parental kidnapping. best of luck mama
It doesn’t matter if he’s on the birth certificate. As the father he has legal rights regardless in most states and until a custody arrangement is signed by a judge, he can legally keep the child in most states. However, if he leaves the child with anyone else, other family, or a daycare, you can pick the kid up and they can’t stop you (this is when you should involve police). However, police will not generally remove a child from one parent for another without a court order or custody order. File for an emergency hearing, it’ll still be around 14 days before you’re in front of a judge but it’s better than nothing. Also try to figure out where he leaves the child while working, because while the police won’t remove the child from the father they HAVE to remove the child from a 3rd party. Seek legal counsel immediately!
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Get a lawyer! Once you allowed visits that’s when he established rights.
Hire the attorney. Some start up costs are cheaper than you think. There are attorneys for low income but you have to do the work. Do not wait. You will lose your son unfortunately if you wait.
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Go to the court and file for emergency custody. I don’t say this to bypass anything because even a emergency hearing can take time. Unfortunately you seem to be in a state where they will do nothing without a court order. The same thing happened to me with my daughter. He kept her from me for two and a half months and I missed her birthday and I couldn’t even see her on mine. I had a restraining order against him that I wouldn’t break and that’s what made him upset . He decided to give her back a week before court to try to make himself look better but fortunately that didn’t work.
Technically that is kidnapping and him not telling u how he is doing or where he is cause more than 48 hours without contact with ANYONE WHETHER ITS WITH SOMEONE U KNOW OR A BABYSITTER IT IS KIDNAPPING
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Sorry but if ur son is not in danger there is nothing they can do it’s fucked up I went threw it with my son go to the court house and file for emergency custody that’s all u can do sorry ur going threw this hope everything works out for you
Call the police and go and get him
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It’s a civil matter and it isn’t kidnapping as he is the father and their is no court order. Sadly
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Here in Canada without a parenting order in place the police cannot do anything.
I’ve been there.
Here in Canada we have to have a police enforcement clause put in stipulating that if either parent doesn’t return the child there will be jail time.
Unfortunately you have a pattern of allowing him to have access to the child. So they won’t consider it kidnapping.
You need a lawyer to get this process going.
Should be able to file at your local courthouse and have the hearing the same day.
It sucks but that’s how it works
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Just because he isn’t on the birth certificate doesn’t mean he doesn’t have rights. Unless you’ve established custody it will belong to both of you. It sucks but really before you let him have time you should have made sure you had custody. A lot of courts these days want equal time between both mother and father.
Call the police and report him kidnapped
Do they have a specific victims unit at the court house where you live? If so go talk to them
He would have to call the cops on me, I would be kicking in a door!
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I have no advice, but I am so sorry, momma! I hope you can get this resolved quickly 
Once he is established That he is the paternal father and you don’t have set visitation through a court he can keep that child until you go to court with an attorney and there is nothing you can do about it until the court sets visitation. After the court sets visitation and he tries to keep him again then you can file charges but until then Youre between a rock and a hard place. This is why a permanent custody plan needs to be put in action in the court. Dealing with the same thing right now. Im sorry it’s hard I know. Also this is in TN I’m not sure where your at or how much the law differs there.
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Unfortunately, getting an attorney is your only hope at this point. I wonder what has changed in his father’s life to create this situation. Right should be on your side but if he has an attorney, you are going to need to hire a really good one.
Just go walk in his house and get him and take him out of there
It would make me nervous that you haven’t heard at all from your son. Can’t the police at least do a welfare check on the child? This is ridiculous
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File in family court for an emergency hearing to get custody.
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You could try your local county clerks office and ask for an emergency hearing explain the situation to them… A judge typically will sign off on it that same day with a court date set. At least in my case thats how it worked. Worth a shot! Every state is different.
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I’m not understanding why youre on Fb. He isn’t on the birth certificate this is KIDNAPPING. Go get your son. Df.
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Lawyer that’s is withholding u will get him back eventually the father is making himself look bad by keeping him judge will be in Ur favour just for that reason alone…let alone Ur his biological mother
Getting a attorney is your best bet right now. What is going on with you is my worst fear and that is why I refused my children’s father to take them until we had custody order from a judge. The sooner you get a attorney the better.
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Go to the court house with the paperwork you got served speak to someone in family law and get a public defender that works in family law and find out when the court date is explaine the situation and follow their advice.
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GO FILE FOR CUSTODY !!! Get down to the courthouse !! He’s already one step ahead of you … Get your @ss in gear … Get a lawyer - ask for a Pro Bono case if you can’t afford one … Get busy !! If you find he has left the child with *anyone other than himself GO GET HIM - you will want police involved when you do that … Do not wait, hesitate or drag your feet on this !! Since he already filed for custody the longer you wait the more power you give him …
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You need to hire an attorney. Until the court finalizes a custody agreement, neither parent is obligated to return the child to the other parent. Every time you granted him visitation without that agreement in place, you took the risk of him not returning your child. I have had friends that lost their child for a year because the father pulled this. You can legally go to his residence and kidnap the child back, but he can do the same as soon as you get home…
W/ O legal custody establishment, you will have to wait till your Court hearing. Now, that he has filed paternity, he has temporary custody.
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You go and take out a loan or a payday advance or anything and you go get you an attorney right now you have them file an emergency hearing and you get your child back.
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Call the cops, take your birth certificate and request a civil standby to get your son. Then get a lawyer. You WILL need one. From experience with my lawyer, you need to fight. If you just sit back and wait for court it won’t look good. If he was on the birth certificate right now you wouldn’t be able to take him, it’s then a civil matter. But he isn’t. So as of right now with no custody order put into place you are sole custodian parent, until the paternity is proven in court.
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In md. Possession is 9/ 10 of the law. Without court orders…
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First of all, he DOES have rights. The birth certificate does not “grant” rights to a parent.
Secondly, with no legal court papers in place, he can do that just like you can too.
If this,was my child, I’d drive over, walk in and take him. If you cannot or don’t want to do that, watch them and when they leave for the store, walk up and take him.
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Idk what state your in but in the state I live the mother has sole custody if the parents were never married. This matter should be considered kidnapping. I would suggest to you though that you get an attorney because he’s already one step ahead of you in getting a court date to have visitation changed. If you get your son back do not allow visitation again until court. Something sparked this change as well. May want to look into that.
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Well the reason they tell you to get an attorney is because even if you had paperwork that might not be the most up-to-date paperwork so they don’t like to get involved with things like that been there done that that being said he may have gotten a temporary emergency order of ex parte custody which means he got custody of the child until something is established
You have to go to the courthouse and get temporary custody. I had to…
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Go over his house and get your child girl I would have been done went over there. Go get him period.
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Why don’t people ever get temporary custody orders is beyond me, then this happens and there’s nothing to fall back on…
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I’d be heading over there to get my baby
Have cops meet you at his house get your son, lawyer up and prepare for a war. 
so sorry mama. I can only hope I’ll only ever be able to imagine what this would be like.
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People are giving such false info. And obviously people don’t read or comprehend 
she’s already called the police and already called the sheriff’s office and because he’s the father they can’t help. If the police are saying that it’s correct… There’s no court order. In Texas, it’s the same way or was in our case… he was NOT on the birth certificate BUT being the father they wouldn’t help, as nobody has custody…now I’m legally married to the father of my 6 but my sister isn’t and she couldn’t get help and no he wasn’t in the birth certificate…
anyway- unfortunately you have to fight it out. A d keep on…keep records of texts and call logs begging to see your kid… That’s wrong for him to not allow access. Kids need BOTH. With no order, there’s no custody. It will look bad on him… Good luck and consult a lawyer, there’s so much false info here.
If he is not on the birth certificate you should be able to go to the police department and tell them he kidnapped your child and won’t give him back and they should go with you to get him back they can’t prove he’s the father if he’s not even on the birth certificate
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File emergency custody, the courts will see attempted alienation and likely grant you full custody with him having access. That’s what happened with my friend
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You gave your child’s father legal rights when you admitted that he was the father. You said it multiple times in this post. It is time to be a grown up and get a lawyer. Hopefully you can work out an agreeable arrangement with your kids dad and you guys can co-parent successfully.
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Um, that’s not okay! It sounds like you WILL have to go to court, but you should NOT have to. This is kidnapping. Your child, legally, has one parent. You. Even if he wants to establish paternity he has NO rights until that is done.
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In Ohio an unmarried mother has full custody unless otherwise stated by the court…
Girl. Attorney, and go back to the sheriff’s dept. He has NO parental rights, He’s not on the Birth Certificate. So as far as he’s concerned and the state is concerned, THAT IS KIDNAPPING. OHHHH i’d be livid.
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He is not on the birth certificate and has never signed any recognition of parentage. At this point what he is doing is kidnapping!
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You need to go over there with the police officer and get your son
If he’s not on the birth certificate that’s hard for me to understand, also.
go to PD, tell them your son has been kidnapped by XXX, take birth certificate and photos with you. If they ask who XXX is, tell them he is possibly the biological father but there’s no paternity test and show them that XXX is not on the birth certificate. BTW some state statutes don’t allow court cases for paternity is child is over a certain age (2yrs old in OK.)
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That’s why you should have this settled in court.
This literally happened to me. I had to get a lawyer and we went to court. Sadly, there’s not alot you can do until then. 
Sorry to inform you but you will have to go get a court order because neither one of you actually have custody into you go to court
Sounds like the mother tried to make it “legal” by not acknowledging who the father is. Not fair!! Legality is not established by the mothers neglect to state the truth on a legal document.
When a relationship end you need to establish custody. It is separate from Childsupport. Get your son back and serve this guy with child support!!!
They said get an attorney??? If he is not on the certificate and you are not married that is kidnapping!!!
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If it was me I’d go to the police again and demand they help. Tell them you are worried about your son, you don’t even know if he’s okay because you aren’t being allowed to see him or talk to him or anything. I believe this is considering kidnapping!
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This is absolutely devastating. Did you get to see your baby for his bday??
KIDNAPPING! If he isn’t in the BC and custody hasn’t ever been established he is kidnapping and illegally withholding your child. Call the police right now!!!
I’d suggest family court. File for sole custody with visitation for dad once paternity is established. Me myself I would have showed up and just taken my child. I never been much for following protocol
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My kids father tried the same thing but I went to his house literally kicked down the door and took my children he said he was going to call the cops so I handed him his phone and told him to go ahead and call them, and proceeded to walk out to my car with my children he never did call the police nor did he try to pull that stunt again
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