There are never 100% guarantees when it comes to court cases but from a practical standpoint I see no reason you would not be awarded full custody. If there are no court orders in effect you need to be careful allowing the father to take your child alone since if he kept the child you would have no court order to get the child returned. You need to file a motion for custody in the family law court and get a court order for custody. The father will be entitled to some visitation depending on the circumstances and he will also be ordered to pay child support. I am assuming you are not married to the father.
The court determines custody based on the best interests of the child and there would be no court I know of that would give custody to a father who has not been involved in his child's life.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).