My sons dad is trying to keep him from me for months: Advice?

My ex boyfriend and sons father has no contact with me or my son…but has recently contacted me that he is going to come and take our 1 year old for a few months to his moms many states away to keep him from me and visit his family…can he legally do this? He is not on the birth certificate and my son doesnt even have a relationship with him…

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Tell him good luck and refuse ALL contact. Block him on everything and say goodbye . No reason you should even be talking to him. Like you said he has zero relationship with your son.

I don’t think he can legally do this if he’s not on the birth certificate. I imagine that would be considered kidnapping. I think he would have to go through the courts and establish paternity and rights. But I may be wrong.

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No he can not he would have to pay for a paternity test and take you to court. Which if he like most he wont put in that effort. He cant do anything at this point. Not on the birth certificate no paternity test hes shit outta luck

No legally he can not if he is not on the birth certificate and custody not set you are the primary parent untill other wise said by a judge

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You need to file for full custody. Does he pay child support ? If he doesn’t then he’ll have a hard time convincing a judge. Get custody even if he doesn’t see the child. It’s just to make sure he can’t run off with him. Because that would be kidnapping. I would definitely not let the child go to his parents because the child doesn’t even know them and that would create emotional problems for the child. Get a lawyer to fill out custody papers before he decides to come get him. You don’t have to even let him see the child. I wouldn’t so he can’t run off with him

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Don’t do it! Since there’s no custody order he doesn’t have ho give him back. Since he’s not on the birth certificate, tell him to take you to court if he wants visitation because he has no rights to your child.

He can’t if he’s not on the birth certificate. You can get him in trouble until parentage is established. And most state won’t allow the kid out of state unless a judge grants it or the other parent approves of it

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If he’s not on the birth certificate and there’s no court order for him to have visitation then can’t leave your house with your son unless you allow him to.

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Do not give him the child. If he’s not even on the birth certificate then he’s not even legal father. I’d be staying with a friend or family member for a while and get a lawyer. He has no legal rights to this child, if you give this child to him, you have literally given your child away

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Absolutely not. Do not answer the door or his calls. He can take that up with a judge guaranteed he will loose

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He has no rights until he takes you to court and assablish hes the dad etc.

He has no right legally so that’s a hard no

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If you haven’t established paternity in court, and he’s not on the birth certificate you literally don’t have to allow him to take the child at all though.

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He has rights Thts if u give him the child I wouldn’t give him the child at all especially at tht young age have him go through the process of courts if he wants anything to do with the child until then do not let him have the child because if you do he has his rights n can refuse to return the child it’s usually a civil matter depending on state and laws

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Don’t let him, omg! Why let a stranger take your son period? That’s a hard no.

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In my state if the parents aren’t married the mother has default custody unless other court approved arrangements are made. You should contact some family law attorneys where you live and ask this question to know for sure. I suggest having some backup around if and when he decides to visit.

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Nope since he’s not on the birth certificate. He has no rights to the child until he’s added.

DO NOT LET HIM NEAR THAT BABY. Find an attorney quick. Get full custody. He already abandoned his child

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I would not have the child present in the house when/if he comes over. OR, if your child is there than there should be some male adults there for safety. Find your local Family Court and file paperwork for full physical custody.

Tell him no! Do not give him to his dad. Unless you have court ordered custody, he doesn’t have to bring him back. Neither parent has custody, so you don’t have to let him go.

He can’t legally do that at all and I would not be letting him do that At all

Since there is no court order it’s whichever parent has physical custody of the child (meaning you physically have custody). If the father gets him, even for an hour, then he has physical custody. It kind of sounds like he is trying to pull off a parental abduction. If he has not been legally named as the father he has very few rights until paternity is established. You should contact a lawyer for a consultation.

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He’s not on the birth certificate, so no. That would be kidnapping. Do not stress your self out over it or even acknowledge it.

Absolutely not. Do not let him take that child. Once he has said child and no custody established you will be fighting to get your child back.

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No. Also if he threatens go tell lawyer or restraining order

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Nope!! Don’t hand that child over without a custody agreement. If you hand the child over willing the police will do nothing to get the child back. If he wants visitation he needs to be established as the father through the court and have custody documented

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Id file for emergency custody (if this is available in the states) will ensure he is unable to take your son. Then file your court documents for sole custody etc

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Let him know he’ll have to pay the court fees, dna testing. Get yourself a lawyer . He’s. Not on the birth certificate he can’t do anything, if he tries you can accuse him of kidnapping.
He wants right he needs to put himself on child support and go through the legal process for it.

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Go file for full custody. Even if he’s not on the birth certificate he still has rights! I know it’s crazy I have been through the same!!

You do not need to hand your child over to him at all. No court order no visits.
You are within your rights to cut contact and block him. If he wants contact he can go through the courts and he will not end up with that amount of time

That’s a hard no unless he takes you to court to establish legal paternity. If he does physically take his from you that’s called kidnapping

I think its been established he cant legally do anything.
However please be careful shit like this can go sideways very easily. Take precautions and keep you and babe safe

If he’s not on birth certificate you can call the cops and he would have no rights until proven on a DNA test and then you go to court for custody.

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If he’s not on the birth certificate he has no legal rights until a paternity test is done and certificate is amended.

Absolutely not. But you should go get legal custody.

Nope. That’s kidnapping. Go file for sole custody and don’t let him near your kid

Depending on the state, if he’s paying child support and has a court order stating visitation rights he can.

He has no legal rights so if he came and took him without permission that’s kidnapping

Get a restraining order that keeps him away from you and the child. He has no legal rights to the child what so ever.And quit calling him his dad.

File an injunction with the court for him not to be permitted to leave the state with your child

He’s not on birth certificate, do not give your son to him at all, go file for full custody asap…
.

Go file for custody now. Don’t wait. Get ready to go to mediation or court for custody.

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No he can’t. Have to have established parentage

Only way he could do that is if he was on the birth certificate of petitioned the court for a dna test to prove he’s the father which he would have to come out of pocket for but im sure he could also contact child support and tell them he believes your child is his and would like to start the process to prove it but I’m not sure if that’s possible

I think that’s called kidnapping.

BIG NO… block him on everything

Lol no. He has no legal rights

He’s not listed on the birth certificate, therefore he never signed the affidavit declaring himself as the father. At this time, he has no legal right.

He would have to petition a court for custody/visitation, at which time they would order a paternity test. He would have to go through all of that and even after proving himself the father, if he hadn’t had anything to do with the child so far, no judge will grant him custody, assuming you’re a fit parent. He will get visitation though, but it would be set visitation and you could request, due to his lack of relationship thus far, that he not leave the state with the child. If he does, he would be in contempt and could be arrested and charged with custodial kidnapping.

If he’s not the legal father (not on BC, AOP, no CS or parenting time order) he has no rights to the child. He can’t take your child legally. However I’d be moving, changing my number, changing my name on social media etc. I’d cut off anyone who may have contact with him as well. He can manipulate them into giving him info on you. Chances are saying these things to scare you so you don’t seek child support. But I wouldn’t take my chances. He’s told you he’s going to kidnap your child.

Also write down all info you know about him & his family members. Names, addresses, phone numbers, places of employment, churches, schools, clubs they attend etc. Gather pictures as well. In the chance that he does kidnap your son that info will be useful to the police (if they choose investigate), or a PI you hire to find him. Stay safe, keep your baby safe.

That would be kidnapping.

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It depends on what state your in, some states allow parentage without being on the birth certificate. All children are born between two parents, so I’m not understanding why everyone is saying no, he is his child as well.

No. Even if he was on the birth certificate you can’t take kids out of state with parental or court permission especially for months. That would be kidnapping.

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Personally I’d be seeking all the help I could find to make it clear to him that he’s not able to do that.

Hes not on the birth certificate and no permission from you = Kidnapping

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no he cant legally take him without a court order, and to get one he needs a paternity test and he has to take you to court. Its a slow process. Too many kids disappear under circumstances like this, dont go there. Also, chances are a court wouldnt allow him to leave the state anyway.