Been there the sheriff’s department has to go with you to pick him up he has zero legal rights @ this time
Well my ex did same thing and was moving state to state for five years while I searched for my daughter until I finally found her. Now his rights are being terminated. But unfortunately yes, you have to get an attorney and take the legal route and it is very time consuming and costs a ton of $$. The legal system is a joke. Even tho he has no rights legally, he is still the father. So yes, just try and find someone to help with getting you an attorney and go to court to let judge know and then they can file for him to show up to court for custody and go from there
If you call the police, and speak to the right person, they will bring you to get your son! Especially if his father has no rights! If he doesn’t have any custody at all, yes, that’s kidnapping! You have every right to go get your son, & bring whoever the hell you need to take with you to get it done! Make a record of every time you called the police or whoever else you’ve been calling, who hasn’t been able to help you, bc this will come in handy if you do -for some reason- get into trouble for going to get him. You will have a back log & a record of calls when trying to obtain help with the situation.
These comments. Did anybody even bother reading the whole thing? She said she went to police already.
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If there is no paternity call the cops. They will get your son. If paternity is not established yet, he has no rights to your son.
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If he’s not on the birth certificate… he’s kid napping your son!
Call the cops
What state does she live in…
He’s not on the birth certificate then he is kidnapping your son call the police and tell them he has your boy illegally.
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Drive to his house. Call the sheriffs dept and ask them to assist you in picking up your son as you don’t feel safe to go alone. They will send someone. See how he feels when you show up with an officer and get your child.
Don’t tell the sheriffs office about the visitation etc and how you spoke. Just tell them it’s your time to pick up your son and youd like an officer assist you so you can do so safely.
And call and file with an attorney ASAP.
Good luck mama.
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If he is not the father on paper and y’all weren’t married then he has no legal rights. You have sole custody. It is kidnapping. Quit referring to him as the father when you speak with police and take birth certificate showing you are the only parent. If they refuse to do anything contact local news and let them know that the police are covering for your child’s kidnapper. They love stories like that
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I hate to say this but you shouldn’t have started visitation until you had everything done through court. That way if he did this again he would be held in contempt and get in trouble. I am assuming they aren’t considering it kidnapping because you willingly handed your son over to his father. Verbal agreements are never a good idea when it comes to custody of children.
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One just because he is not on the birth certificate doesn’t mean he can’t be a dad. All women are wrong on that part! If he had no custody u should of called the cops and went and got him back. They would not have told you no, because you say there is no paper trail! He must have some sort of evidence on you for something you did or do? Right now it looks like you abandoned him. I’m sure there is more to this story as a dad just doesn’t up and take a child for no reason. ALL DADS SHOULD HAVE RIGHTS! Sad they have to fight in court ! Are you an addict? Did you abuse him? Are you in treatment? What type of job do you have?
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- Follow they tales when they leave out and run up on them and get your baby…
- Get your brothers, cousins, uncles and friends to go get him
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That’s called kidnapping. Call the cops
In your paternity case file a motion for relief and you tell them you want a temporary order for time sharing.
You can file for emergency pick up
He has just as much rights as you do. I was told by an attorney that. Every child has 2 parents. Even if he is not on the BC. If you and he both admit he is the father. He is the father and rights until proven other wise. Get an attorney quick.
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The police don’t do shit. The best way is legally. There are some places that may help. I live in California and had a similar issue only the father was on the birth certificate. I had to go through a victims advocacy place to help me and after that it went quickly. He kept her for 11 days. That’s how long it took to file a RO and custody and for them to serve him.
First of all what state r u in. Second take birth Certificate go to police and state that this man has got your son and refuses to give him back. Make the call right out front of his home. Then if police don’t want to be involved call news in your state and tell them your story. The police will then respond and figure things out. Good luck on getting your son back
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Bruh the cops should’ve been called a long time ago
Kidnapping is handled, thru the FBI, not local LEO’s.
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If you have child support established there should be a custody order in place. Or a placement order. I believe if paternity is not established you automatically should have placement and the police need to do something
Good luck 
keep us posted. Hope you are reunited soon
Get an attorney. He will be in trouble for keeping him from you, but you have to go through the process to get him back unfortunately
Drive to his home call cops have cops habe u get your son with hold son til judge says to share
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To the Mother that wrote this seeking advice**
I know that you must have sent your question in days ago to be posted because you were concerned about missing your son’s Birthday on the 21st and here today it is the 23rd when your question was finally posted for people to comment and give you advice… I am really concerned and personally now emotionally invested about the welfare of your son and what is happening with your situation… Is there anyway to send an update to the admins and let them know what is going on with your situation, or if there is anything we here as a group could do to assist you in anyway if we could if need be?? Please let us know and also know that you and your son are being lifted up in prayers during this time… 
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Get an attorney asap. And a good one. File an emergency order in the court right away.
I’m fairly certain it is kidnapping! Persist.
Go pick him up from school while he is at school and then switch him to virtual learning until you get it all sorted out.
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File for emergency custody
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I wonder how old the kid is. tats sad
Police will not get involved unless you have court documents stating that you have full custody of your son or you have a parental agreement that your son is supposed to be with you and his father is not obeying the agreement. If you don’t have anything through the courts you have to file a custody order or if I were you I would go down there and get my son back.
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Obviously you don’t have a custody agreement that’s been through the court you need an attorney. It’s not a crime it’s a matter for the courts once you get an attorney faster you get to be with your sin
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If he has no parental rights, I’d assume your son has been legally “kidnapped.” Until rights/paternity is established, you are the custodial parent and have the right to press charges to get your son back, should you choose, but if he is to be a part of your child’s life later, he will have to live with the consequences of those charges. I might mention that to him and see which route he’d prefer to take.
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Keep inquiring to get some help with this! Do not give up!
Momma u should have been called the police!!
Immediately file for custody. The judge should award you temporary legal custody until the final court date. You do not need a lawyer for this. I suggest everyone do this upon birth of their child, when there’s no marriage between parents. It’s the absolute best thing you can do to protect your child. Whomever files first is awarded temp custody.
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If he is not on the birth certificate it’s kidnapping. Hire an attorney regardless, because you need to stay one step ahead.
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File a missing persons report or kidnapping. He didn’t sign the birth certificate so he has no rights. A verbal agreement for joint custody means nothing in court.
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Similar situation years ago, it was my son’s dad but I had full custody. Go to Friend of the court. I did not need an attorney, I filed myself, took months to get a court date but he was ordered to give him back immediately after leaving court. Im sorry, its the hardest thing ever. Nothing compares to that pain. 
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My son went through this when he was fighting for his daughter. First have you told them he is his father? With his name not being on the birth certificate he has no rights to him at all he has to give him back to you because he just stole your child. Get anything on him you can who comes in and out of his house does anyone use drugs. When you talk to him on the phone record everything. I know it hard on you and it’s going to get harder believe me. My son got his daughter and he was on cloud nine. We lost him in a motorcycle accident in 2019. She has had some major problems since then. I get to see her anytime I want
She graduates this year. She acts just like her dad. I told her he is looking down on her smiling saying that’s my girl. I don’t know if any of this helps you or not. Just never give up the fight for your son. Just wait you will see that Ile on his face and h running right at you saying mommy I missed you.
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Hey Mom,
You really DO need a good, smart, attorney. If you do not get one now, you may loose your rights to your son.
Verbal agreements will not work now.
Not since he took your son and kept him, without your permission. He is not answering your calls. Save all phone calls and communications to him. You may need them, if this goes to court. Your child’s father is not playing nice or fair! Get you an attorney now to deal with this man.
You can not do this by yourself!
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You realize you have every right to show up at the house and take your child. The police cannot do anything about it. Clearly I would take somebody with you.
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You need to get an attorney immediately
In my state of Ohio, ( unless it has changed ) if an unmarried couple have a child or children, who ever has physical custody DOES NOT have to return said child or children, without a court ordered custody assigned. I recommend knowing the laws of your state.
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Call the cops & they should go with you to get your child from him
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You still need an attorney to ask for a writ of habeas corpus to get the child back
Why are on here you sound like a story that will end up on the news / get you ass off Facebook and go to the cops now/ your son may be in danger 
what are you thinking days past by now weeks sounds fishy/good luck staying out of jail your self
Attorney and file an affidavit soon
You can show up to his house and get your child back and if he refuses to give the child then call the cops because he has no rights and this is classed as kidnapping
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Get a lawyer N Get your son back
Get an attorney. File for a writ of habeas corpus which literally means produce the body. Bring the boy to court. Get emergency hearing to establish custody and a visitation schedule while the rest is settled in court. This is not cheap. Good luck mom.
That bitch would have to come out of his house and when he did I would be there! I’d get my kid back, PERIOD!!!
Cause you are prob calling telling them he is the father. Don’t tell them that as of right now he is not. The police should escort you over to get him. Bug the shit out of them or go your self and they can call the police.
I know it’s social media & everyone likes to chime in with their opinion but your opinion doesn’t make it fact or legal. This is a scary situation & highly nerve-wracking for mom. I REALLY wish ppl would not comment without fully understanding the law. Seriously.
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No legal right 
who are you trying kid. He has just as much legal right as you.
It is not kid napping. It’s his child. He has regular contact. There’s no court orders in pla e saying he isn’t allowed to see the child… So again, NOT kidnapping
This is a civil matter, since you allowed your son to spend time with his bio dad. That established a pattern.
You can file with the courts by yourself, but that can take time.
I would get an attorney
1 - to get your son back sooner
2 - to fight his attorney (assuming he has one). You do not want to mess this one up.
Go get your child!!! Have a police esscort go to his house get your child and file kidnapping charges against him! I know where I am it dosnt matter if the father is on the birth certificate if you have never been married he has zero rights unless he goes to court for them their for it is kidnapping and a criminal charge!
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He doesn’t even believe he is the father show the cops. There fore how would he have rights and he is not on birth certificate. That’s saying my husband can take ur son and till it’s proven he is the not the father he has rights? How does that make sense? I would be contacting the cops and courts everyday till I got answers
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Omg this is terofying and of course its kidnapping!
You shouldn’t even consider allowing him access after this. He’s put the poor child in a very scary situation with no understanding of how this will affect him.
Go to the police and say your son has been kidnapped…he’s not on the birth cert and paternity has not been established…this man is no one to the child.
Good luck xx
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He stole the child. Call 911
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You’re using the wrong words. If he’s not on the birth certificate,it’s kidnapping!
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Try to report it again, if he is NOT on the birth certificate IT IS kidnapping. If he IS on the birth certificate, it is not. This is because paternity is assumed in the state of FL to be whomever is on the birth certificate and if the parents are not married they have equal custodial/parental rights.
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Call the police! Make damn sure this is documented, he can charge YOU a abandonment! The police HAVE to go get your child!
Call the FBI if you have to and tell them the sheriff, police whatever, will not get your child back from a man that has kidnapped him. If he is not on the birth certificate, he has no rights until he has his dna test.
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Time to call the police
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It’s a civil matter so it has to be done through the court not the police. It’s parental alienation. Hire a good lawyer.
File writ of attachment, legal aid may also help.
Is the child in school or daycare?? If so walk in and pick him up. I had to do this with my children when the father tried something like this.
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This is absolutely kidnapping. Depending on state specifics, his name on the birth certificate may or may not matter. Try involving the cops again - if they still don’t wanna get off their ass, I’ve found going to the media works well.
If your not married & do not have a custody or visitation order established whoever has the child is their’s. You need a lawyer to take it to court. I would do it asap before his father does.
One question why are you letting this happen! You better get an attorney very quickly and get your child back immediately and after this he’d only be allowed supervise visitation until he could be trusted again which would be a long time in the future! GO GET YOUR CHILD IMMEDIATELY! TAKE THE COPS WITH YOU AND THEN DO NOT TRUST HIM WITH YOUR CHILD AGAIN UNLESS HE’S SUPERVISED! Because the long you tolerate this nonsense it will not look good in court you let it go on this long! Hope things work out for you in your favor! If Dad didn’t want to claim him by putting his name on the birth certificate tells me he has no claims or rights to him now! I’m not a young person giving advice I’m 67yrs old and have worked with an attorney and children social service, and have a lot of schooling under my belt, not bragging just been around for a few years! If you need to talk to someone who won’t sugar coat the facts I’m here to listen may pm me! Will be praying for you
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Omg that stupid bastard
Can you charge him with kid napping
There is a free website where you can ask an attorney for free in your local area questions that you may have, it helped me when I to was going thru something similar a few years back hope this helps avvo.com
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Get a lawyer, and apply for a safe return warrant ASAP. That’s as best as you can do.
You can also apply for this EVEN if the other parent is on burst certificate. But after you get baby boy back, go to mediation and set up a parenting plan AND then see that parenting plan before a judge so it’s legalised which will mean you BOTH cannot stray from that agreement.
Get an attorney and if the child goes to school for there and pick up the child. However you need an attorney.
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To get him back tell them he isn’t an established parent. Don’t even refer to him as his father. Tell them he’s been the parental figure but paternity has never been established so when you broke up you opted to share time with the father figure in your son’s life but at no time has paternity been established. That has to be enough for someone to realize legally you should have him until paternity is proven??? This may be applicable when not the case but that seems INSANE if not on the birth certificate…Many don’t realize with ESTABLISHED parents and no court order, it’s whoever has the child and it’s completely civil… however, if he is not yet on the birth certificate, get birth certificate and go to police and explain it as I did above and get your baby brought home! This is nuts!!! If you can’t get any of them to help, writ of habeas corpus IMMEDIATELY!
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File for custody. Since his name is not on the birth certificate I think it would be kidnapping
My only advice LAWYER UP. Ramona Williams
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And yes, ANY event or class he attends?? You didn’t specify age but intercept him (as cold as that sounds) if at all possible and file for established custody and visitation schedule. If he already has, then he may have already been awarded temp custody. Whomever files first until court but if that was the case, there would already be time w you established so it sounds like you should have been at the courthouse Feb 9th filing!!
It’s not kidnapping. You acknowledged him as the child’s father. Without a custody order stating otherwise, you both share equal custody.
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If it were my child I’d 100% be knocking his door down to get him back and lawyering up! He’s not giving you any other choice here.
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I went through this. It is considered a civil matter and police will not get involved. You will have to get an attorney and go to court. He can keep your child and there is nothing you can do as horrible as that sounds. That being said, if you can get to him and get him there is nothing the father can do without an attorney if you just refuse to let your child see him. It is really a bunch of bs and i am so glad i finally got through court with my situation. I hope you get your baby back soon. Maybe the father will come to his senses or get an attorney to persue his case that tells him he is screwing up royally by doing this.
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Call the police with a copy of the visitation order and say he’s refusing. He needs a judge to say okay not just file for a court date
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Get a lawyer. Nothing you can do until you get infront of a judge. Took us 7 months to get our daughter back
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Call the state police if it were me I’d be kicking down that door
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Where im from if you both don’t have scheduled visitation from the courts then this is okay the cops are nobody can do nothing about it you can go file an emergency custody where they can try and take your son and back but that takes I think a couple days to
I didn’t know this could happen until literally going through it and my friend went through it also brought the cops to the house everything they said we cannot do anything he is a father he has none of you have any rights because you haven’t been to court so go find a lawyer and try and to apply for emergency custody
I know in some states if you all were not married and have never been to court to establish a custody agreement then neither of you technically have custody. They can not legally take him from one parent to give back to the other because there are no custody agreements and the parent trying to keep the child is not breaking the law or a court ordered agreement.
He isn’t the father. Call 911 and say your son has been kidnapped.
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Apply for legal aide. You need a lawyer. ASAP! It’s not fair, but if you have been served, you need a lawyer.
Isn’t he in school, go to the school during the day and get him he has no legal right to him if you have not been served any papers I would do it very quickly I would take him back.
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You need a lawyer to place a recovery order that’s how you get him back
Have u made it clear to them he is not on his birth certificate?
If he’s not on the birth certificate he has no rights until paternity is established !
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If he isn’t on the birth certificate he has no parental rights ring the police they will go get him. If he is on the birth certificate he has parental rights and all the police will do is go and check your son is OK
All I can suggest is go to court and ask the magistrate to issue a recovery order
Is there a posibilly it’s not his child , but has been under the impression That he is the father as you stated your not married , it’s not a requirement to be married to have a child by the way
Also he has no parental rights and he is not on the birth certificate
But yet you have allowed them to bond and to build up a father son relationship
And no doubt he is paying you child support
Hunni You can’t have it both ways
Allow the paternity test
And go from there
But regardless of what you decide to do
Remember there is an innocent child who will be effected by your & and his father’s actions
Go down to the court and get an ex parte order for an emergency hearing.
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Go pick him up from school/daycare so you can get him back… since no one will help you then they won’t help him either right?
Missing their bday is hell so is Xmas. Hugs