Go to the police and tell them he is not the father and he’s stolen your child
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Your son was kidnapped, that’s all there is to it. Call the police, tell them the man kidnapped your son… they will fly over there
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It’s only illegal if you have a legal order! If you haven’t filed with the courts then you should asap
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It is kidnapping! Especially since he isn’t on the birth certificate. You need to go back to the police department and tell them that.
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Do you have court ordered custody of the child?
If not you need an attorney ASAP
I’m speaking from experience if he is not on the birth certificate he has kidnapped your child insist that the police go over there with you and get your son back.
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Some parents are shitty people! My ex, at the suggestion of his current wife, went to court and fooled them into believing lies and got temporary emergency custody. It was a dumpster fire!! After 6 months of mess, The court figured out the game and I was awarded custody again. The father has not seen, called nor paid any court order child support for his child since he has been back with me. Men can be petty, bitter, hateful and deceitful. Get an attorney. His behavior is not acceptable.
Please keep us updated
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I went through this and until custody is determined by the court he has as much rights to keep him as you do.
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If he is in fact the father then he has just as much parental rights as you do. If your son ain’t in any danger(and I assume he’s not since you willingly done 2 nights each before this) then you just have to go through the process of court
You need a lawyer because without a court mandated custody arrangement, it is a case of possession is nine tenths of the law.
Regardless of how things normally work, without a custody agreement, either parent legally CAN IN FACT do this as there is no written agreement of rules of conduct and expectations and as such, regardless of where the kid lives, technically both parents are both the custodial and non custodial parent and unless there is clear abuse going on that can be proven, the most that even cops or child services CAN do is try to do a well care home visit to assess the situation and to make sure the child is okay and has what they need.
That is why you keep being told to lawyer up.
Because legally, you have no grounds otherwise.
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Any update? Thats just crazy, if that man isnt on the birth certificate its clearly kidnapping. Document all this stuff! Screenshot everything! Itll help in court.
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Honestly I’d tell them he’s not on the birth certificate and you don’t know if he is the father that it may be someone else’s and then after you have him in your custody file a temporary restraining order until court ordered paternity is established.
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Go file a temporary stay of custody at the court house.
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How haven’t the cops done anything ?
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You need a police escort to go get your child that the person watching him refuses to give back! Plain and simple!
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I’ve been through the same exact thing. I had to get a lawyer because there was nothing anyone could do since I allowed my daughter to go with her dad. He was only supposed to have her 2 weeks and kept her almost 2 months, finally gave her back on his own. But I was told since I allowed her there was nothing anyone could do except a lawyer and taking it to court.
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If that’s his father then he does have the same rights as you to that child. With that said, he shouldn’t keep him from you and also why haven’t you contacted an attorney? Got legit legal advice? You turn to the internet that can’t do anything for you but won’t contact an attorney? That should’ve been done before now. Do that. No parent should keep the child away from the other parent.
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I’m not sure how to police haven’t done anything. Since he’s not on the bc and isn’t established as the father he has zero rights and this is considered kidnapping in NY. Not sure what state you’re in but I’d continue to call everyday multiple times a day until something is done. And get a lawyer asap.
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If you know where he lives go outside of his home at the time when he’s there and call the cops and say your son is being withheld from you. They will arrive and make him come out and return your son
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The judge told my husband one time, if she didn’t let him get his daughter on his days, the would take her from her and give him custody. Best of luck
Should have had custody papers for yourself before letting his dad have him.
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Did you tell the cops he has NO parental rights? This is kidnapping if he isn’t listed on the birth certificate.
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Get an attorney, but with him not on the birth certificate as father it is classfied as kidnapping. If he was on the birth certificate then you would have to have an attorney to get him back. You should always protect yourself from an ex with having legal papers. Cant trust nobody.
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Call the police and have them go with you to get him
You need an attorney because being that he is the father he holds equal rights as you even without it being court ordered or have ever been established prior to. So until there is a court order with indicated custody and or visitation you and that father hold equal rights to the child. Unless that child is in immediate danger, there is nothing that the authorities will do to remove him from that home regardless of which parent he is with.
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You need a lawyer to file an emergency custody order so you can get him back immediately. Call around and ask about pricing and consultations. Most lawyers offer a free consultation. Good luck
You need an attorney
Police won’t do anything since y’all don’t have court orders. Gotta get an attorney and get to court ASSSSSAP ~ that’s the only way. It’s a fkd up system when it comes to children.
I went through this with my own two (not the exact situation but ~ they refused to allow them to return home/talk to me as well) almost this time last year. I know your pain. I felt like I was literally crushed from the inside. Never in my life felt pain like that.
Document absolutely everything you can think of and then work to get in with a good attorney STAT.
police wont do anythingif there isnt any court appointed custody you need an attourny
Go get your son from school or get him in your possession… then there s nothing he can do…once he is with u…
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If he’s not on the birth certificate and paternity isn’t established yet…… he shouldn’t have any rights. Where are you located?
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What state are you in? The laws vary. Get a lawyer, if you cant afford one see if you can find free legal aide in your area. Understand your rights and proceed from there. So many prayers to you mama.
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Go to a different precinct keep going to the cops
You keeping asking to speak to a higher person at the police station. Demand to file kidnapping. He literally has zero rights and is withholding. You need to get a lawyer bc he’s trying to set it up that he has the kid so he can keep custody. Guarantee that what he’s trying to do. Document everything. When he goes to work call the police to remove the child from wherever he’s stashed him.
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He has no rights. Call the police and go pick him up. No name on bc no keepa the kid.
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Did you tell them he isnt on the birth certificate and has no legal rights?
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Have you gone to the courthouse to file paperwork for custody?
Go get him he has no rights
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You can call police to be present while you pick your child back up. He has no legal rights then you can go take him back. Have police there as witnesses though and remain civilized.
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He does have legal rights if that is his father regardless of anything legal. If you state he is the father than he has equal rights to his child. If you state he is not the father then it’s kidnapping. But now it’s on you to file and get the baby back. He can keep him forever if you don’t file and get custody equal or whatever
Cops will tell you it’s a civil family court matter and not get involved
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If paternity hasn’t been established/confirmed … basically kidnapping where I’m from
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Did he already file for parental custody? Sounds like the father wants to keep the child and is doing so until it is legally battled in court. You made the mistake of trusting the father even though at one point you didn’t since you are not together and he isn’t on the birth certificate. You got a battle ahead, stop thinking of you and get an attorney who can help you legally get your child back
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Camp out in his doorstep and bring another man with you - wait until he has to open the door and tell him he will be charged with kidnapping if he does not obey the rules!
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You need to have welfare checks done, get in contact with a family court.
I’ve gone through this recently, my kids father kept them for 5 months and didn’t allow me to see them. He even made me miss my sons 4th birthday.
The only way I was able to get them home was court orders and a recovery order sitting in file if he does it again.
I’m so sorry your going through this
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What the “father” has done speaks volumes about his mental stability. Hope the courts see that.
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Yes I had similar situation had go court to have my children returned
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If this was in Australia it would be classed as kidnapping!
My son was abducted several times as a baby same situation as you, the longest time being 2 weeks. He would be snatched and taken from me and not given back after visitation in a public place. In the end I disappeared off the face of the earth after getting full custody legally and he had no rights to my boys. He died several years ago but the trauma never leaves 
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He can take it to court and win so go get him
Steal him back. I know a lady that waited until he dropped baby off with grandma to work . She ran in got him and left.
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Is he in school, daycare, baby sitter? Who has him while he works? I’d go there and pick him up.
Sadly he has equal rights to having him full time just as you do if he is the father until you go to court
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If he’s not on the birth certificate he has no current rights to keep the child. Lodge it with the police and also the courts . He’s not doing himself any favours by keeping him . Won’t look good in court or any proceedings
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It would help if you update what state you’re in so we can provide you some resources to help you out.
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Going back and forth every two nights isn’t good for him.
He needs a stable home.
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I am not an attorney. I can’t give legal advice but I would suggest going to the court and asking them if you can file an emergency motion for pick up of a minor child. Explain to them the situation and they’ll be able to guide you. And yes, because you have been served w legal documents you do need an arrow y or you can represent yourself.
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Until DNA is proved no one technically has rights. There is no custody order in place. He can keep the child for as long as he wishes until DNA and custody are established. You could be charged with kidnapping where I live if DNA has not been established. That child is not legally either of yours. My best advice, file for emergency custody and pay the constable $60 to escort you to get the child. However, because no DNA and no custody order you have no legal rights either. You both have just shared physical custody, but where is the legal custody.
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If hes just now trying to establish paternity then that means hes not the legal father as of right now.How the cops arent helping you is outrageous…
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Call the police and report kidnapping!
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If he wants paternity established then he’s saying he isn’t sure. He basically kidnapped some kid then
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Not only get an attorney but be sure you are the first to file with the courts. I would think, in most states, if there is no paternity legally established that constitutes kidnapping.
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I dealt with this for years. All you can do is file papers with the court and get an atty. that’s it. The system is awful. Although the judge will look at parental alienation and that will hurt your ex’s case and may affect his placement time
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I would call police again cuz ik parents that have court orders when late with their child police at their door so I don’t get how they won’t go get ur child or go to his house and he has no rights sounds like kidnapping to me that is crazy
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Get a lawyer and arrange mediation. In the mean time try not to dramatize the situation and get yourself all worked up. I went through this with my son and his father, only I was in Canada and he was in texas. He wouldnt return him on scheduled flight and I had to drive to California to meet him. Our home was in British Columbia. The worst time of my life by far.
Hang in there and stay strong. 
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I would go sit outside his house until he comes outside and get my son then
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Hell no you have birth certificate. He is not on it and his paternity has not been established. That should fall under kid napping. He has no right to child. If local police won’t do anything call state police. What I find crazy is he has had the child since the 8th and u are just now trying to get him back. Take the child’s birth certificate with u to fathers house. Call police from fathers house. When they arrive show them birth certificate and get your son back. Then no way in hell I would let him see him again until court.
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Get a welfare check done at least make sure your son is ok an safe as you can’t contact the father or child
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Until he establishes paternity he is not his father, especially since he is not on the birth certificate. I would go over his house with the birth certificate and call the police. Say he has your child
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If he’s not on the birth certificate then he CANT keep him from you. Call the cops. They will get him back or he will be arrested for kidnapping
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At least a wellness check to make sure your son is ok. I know it’s not an easy thing to deal with but at least it will put your mind at ease. Dont have to give cops details. Just wellness check, name of person, and address.
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You have publicly acknowledged that he’s the father…not just to us but probably to everyone you’ve called
In most states even if the father is not on the birth certificate the parent that files first has more rights and has the right to withhold the child until everything is settled in court
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Just call the police dept and they can tell you or call any attorney’s office and ask, their paralegal can answer this for you! Personally, my ass would’ve already had them to my house and with me to get my child!!!
When you have a child and were not married, either parent can take the child. If you dont have custody papers, he can keep the child. Thats what my son was told once.
Lawyer -and they can file something with the court to get him back it’s some kind of an emergency order for physical custody The fact that you allowed visitation without it being court appointed looks positive but him keeping the child from you does not with positive in the eyes of the court
File for emergency custody of him at family court, report it as a kidnapping to the courts. Paternity not being established and him not being on birth certificate u will get him back before any court date that he has requested with his petition. That is y they told u to get a lawyer cus a lawyer can push for it quicker and file the proper paperwork and probably have your son back to you within 24 hrs of filing it
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You have to file for custody before he does. In my state it’s my understanding if your not married neither one of you have any rights until you go to court.
I was kidnapped by my dad when I was younger who had no rights(my family have told me about it) but my mom called the police and they couldn’t do anything because he was my dad. Unfortunately since he is the father there’s nothing you can do besides get an attorney, file for custody and go from there. Show where you have asked for your son back and how he’s doing and the father is refusing. I’m sorry this is happening to you
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Physically locate him and take your son back.
Time to show up and get your child back forcefully!
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You should not be asking the Internet for this advice you should be asking a licensed attorney and the state where you live. I appreciate that all these people want to help you out but they don’t know the specifics no the specifics of the area where you live and it could end up with you suffering negative consequences
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What state are you in?
File for emergency custody
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This is why I tell mom’s to never let their child’s father have their children without them establishing paternal rights. Hire a lawyer!!! I can’t express that more. If you don’t he will get away with this & may get sole custody out of it.
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This happened to my nephew!!! Whoever has physical custody at the time gets to keep the child until it is settled in court unless you can prove neglect or abuse and get an emergency hearing! You need a GOOD lawyer and they do not come cheap!!! Our judicial system is terrible!!!
I would start by talking to him in a way that isn’t condescending… you clearly state here you are allowing your child’s father to see them… what if the rolls were reversed and he said he was allowing you to see your child? You have to see from the other person’s perspective to understand why they are doing what they are doing… then do what you have to do to remedy the situation… this might not be a popular opinion but I like to know both stories before giving advice…
What state is this person from? If you were never married to the father they have no rights unless they petition the court to get them
Go to the court and file and emergency hearing
All these people telling you to go get your son is a bad idea you could end up in jail for trespassing, best thing to do is get a lawyer and go about it in court, I know it’s stressful maybe people have to do this
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Call the police. Plain and simple
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You need to get an emergency custody in order like yesterday. Make it known he is NOT on the birth certificate BUT out of the kindness of your heart you agreed for him to see the child. I WOULD DEFINITELY GET A LAWYER AS WELL.
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Pull up on him with the cops.
Depends on the state but in most if you were never married, and he’s not on the birth certificate THAT IS KIDNAPPING!!! Call the police, ask for a welfare check and go get your baby!! You will not get in trouble for “trespassing” on someone’s property to get your kid that he has no rights to!!!
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no paternity done yet, not on the birth certificate and he wont give the child back…kidnapping. get the cops to go with you and get your kid!!!
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Call the Police and say that you ex who is not on the birth certificate has your son legally where I am if your not on the birth certificate you have no right till a DNA test is done and your on the birth certificate. Will all of that its kidnapping unless his name is on the birth certificate.
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How old is he? Does he go to school? Or daycare? Where does his father live? Follow him and if you catch him in a public place take your son back. That same law that applies to him applies to you as well. Next take out a restraining order on his ass and list your son on there as well
Be petty…don’t play around when it comes to your child. He pulls that on you after you were being nice and allowing visits in the first place without getting courts involved. Now you play hard ball back
Welfare check asap, apply to the courts for an emergency retrieval of the child or go to his house and tell him you’re not leaving until you get your son back, he will call the police, you then provide proof to police that you’re the child’s parent with the birth certificate and you get your son back, he has no legal rights until it has been to court and court orders are in place for visitation. Courts will not like the way he has gone about it, especially when your son has never spent more than 2 nights without you. Best of luck.
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You cant actually be serious…that’s kidnapping then!! The 8th??? Why haven’t you called the cops!! He has no rights if he’s not on the birth certificate!!! I feel so bad for the child smh
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What the Fxxk that horse
Sixth. Keep your chin up girl. Your assome love always. Mick