I just had a baby 4 months ago. Me and the father are not married, and there is no paternity test. Lastnight he tried taking the baby from me. I wanted to know that he can not legally do that and if he did it's considered kidnapping because he is not by law his father.
He cannot take child, period. If he does, call the police, As for filing petition for paternity - it depends. If child support is the issue, there are options available that do not include the establishment of a parenting plan. Talk to a Palm Beach lawyer. Consultation should be FREE.
You are the sole legal parent right now, and he cannot take the child. If he tries, call 911. You should file a petition to establish paternity, have a DNA Test done, and have child support payments ordered by the court. If you need to be protected from him, have the lawyer ask the court for an order that he stay away from you and the child until visitation is established. If he violates the visitation, he can be punished by the court. If you are in Palm Beach County, we can help.
Bruce G. Kaleita, attorney
561-688-9210
No, he cant do that. You should call the police if he does take the child. I'm not a criminal defense attorney, so I can't comment on whether it would be kidnapping. However, since you are not married, you are the sole legal parent of the child. He has no rights to the child. If he wants rights he needs to file a paternity case. Also, you should consider hiring a lawyer and filing a paternity case for a few reasons: (1) so that a time sharing schedule can be put in place and (2) he can be ordered to start paying child support.
The mother has sole parental responsibility and the right to 100% of the physical custody to a child born out of wedlock. If a father wants parental responsibility and timesharing, he can file a paternity action. If he attempts to do this and law enforcement does not assist you, you should immediately contact an attorney.
