Can my ex boyfriend keep my child away from me when he is not on the child birth certificate? 15 Answers as of June 26, 2013

My boyfriend pushed me out of his house where I resided for past year because I allowed my older son to sleep on the couch one night because my son had nowhere to go. After he pushed me out of the house, he locked the door and refused to give me my 2-year old. My ex boyfriend is not on the child’s birth certificate. He claims that I am on drugs, which is not true, I am enrolled in an outpatient program and I am almost finished. My question is, can I pick my 2-year old son up from the babysitter without any court orders so far? I have filed a restraining order and custody papers but have not gone to court.

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Law Office of Melvin Franke | Melvin Franke
Answer Applies to: Missouri
Replied: 5/21/2013
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
Yes you can, but you should get a court order.
Answer Applies to: Michigan
Replied: 10/24/2012
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
If you filled out the papers right, there should be a temporary order which gives you custody of the child. Get an attorney on your side.
Answer Applies to: Florida
Replied: 10/24/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Get the orders you seek processed and request an order for the child to be in your custodial care pending hearing on the legal matter.
Answer Applies to: California
Replied: 10/24/2012
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
If you were never married, the "father" is not listed on the birth certificate, and there is no court order establishing any parent responsibilities, the "father" has no legal rights whatsoever unless and until a court rules that he is the father and grants him specific rights. If there are no court orders in place, the local police should assist you in picking your son up from the ex-boyfriends house and there is nothing to keep you from picking up the child from the babysitter. If the baby sitter refuses, the police should also help you there as well.
Answer Applies to: Colorado
Replied: 10/24/2012
    James Family Law Firm, P.C. | Amber Yerkey James
    In general, if your ex-boyfriend's name is not on the child's birth certificate, he does not have any right to keep your child from you. If you have not hired an attorney to represent you, you should do so. These cases can get complicated, and you will need to be represented.
    Answer Applies to: Alabama
    Replied: 10/24/2012
    The boyfriend has no rights. You can call the police and they may tell you to go to court or they may help you get your child back.
    Answer Applies to: Nevada
    Replied: 10/24/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Why have you not contacted the police?
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Hamblin Law Office | Sally Hamblin
    If he is not on birth certificate, no paternity shown, no custody, he cannot keep the child. Call the police and have them go with you. Take the child's birth certificate with you and ID of you.
    Answer Applies to: Michigan
    Replied: 10/24/2012
    There is no order stopping you from collecting your child from someone who is not legally determined to be the father. He has no legal rights to your child unless he has a court order for custody. However be careful not to cause problems that may affect your custody.
    Answer Applies to: California
    Replied: 10/24/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    You have full custody of the child. If he is not even on the birth certificate, he needs to prove he is the father. Until he does so, he has no legal rights whatsoever. If he wants to assert paternity, he can do so through a parentage action and if he can prove he is the father, the court will allocate time with the child between you, based on the best interest of the child.
    Answer Applies to: Washington
    Replied: 10/24/2012
    Victor Varga | Victor Varga
    Answer Applies to: Maryland
    Replied: 5/28/2013
    Law Office of Beth Jackson Day | Beth Jackson Day
    No he cannot keep your child from you. Go to court without delay.
    Answer Applies to: Maryland
    Replied: 10/24/2012
    John Russo | John Russo
    You can try that, but why not just contact the police have them go there with you explain to them that he is not on the birth records as the father, and you have matters pending in court, but the key is he is not on the birth certificate they should help you. Make sure you have a copy of the certificate with you when you go to the police.
    Answer Applies to: Rhode Island
    Replied: 10/24/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    If you haven't been to court (and there are not court orders), you have sole legal custody and are the only person that has rights to the child. Go pick him up.
    Answer Applies to: Wisconsin
    Replied: 10/24/2012
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