Can my ex take my son, and keep him?

Lizz - posted on 09/03/2012 ( 3 moms have responded )

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Hello, I recently broke up with my boyfriend(babys father) and hes moving back to Cali, I live in Wa and he wants to take him for 2 weeks to visit his side of the family, he is not on the birth certificate and I was wondering if I let him go with him to visit if he can keep him from me?

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Lacye - posted on 09/03/2012

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If he takes the child with him, files for custody while he has your son with him, then the child will have to stay with your ex until after court procedures are over. He can file for custody and have a DNA test done there if I remember right. If you are worried about him taking your son from you, I wouldn't allow him to do it until after you have filed for custody in the state you live in and have visitation order set up. Let him know that he is welcome to come visit his child but until all of this is settled in court, I would not let him take your child on his own.

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Lizz - posted on 09/03/2012

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we just broke up a week ago, and he does not have any paper work saying hes the father due to the fact he had no id when our son was born to verify who he was, and there are no custody agreements or anything.

Dove - posted on 09/03/2012

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If he's not on the birth certificate.... I'm not entirely sure. Is there any documentation that he's the father? DNA test or something? Is there a custody/visitation order? If there is no documentation that he's the father and no custody order... I'm 'pretty' sure that if he kept your son you could charge him with kidnapping. I'm not 100% sure though, so you may want to call up a lawyer and just ask them a few questions.

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