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Without his name on the birth certificate AND a court order stating that he is granted custody of the child, he has absolutely no right to even visit with your son - and he certainly has no rights to keep him from you under any circumstances. In the event that he refuses to return your son to you, you should immediately call 911 and report that your child has been or is being kidnapped by a man who believes he is the biological father (and make sure you tell them that there is no name on the birth cert and no court order for paternity, visitation or custody). Your child will be found and returned to you immediately and your estranged partner will go to jail for at least the crime of custodial interference and possibly kidnapping if he keeps the child from you for a long period of time and/or crosses state lines with the child. The only way he has rights to the child is if a court grants him those rights.
I hope that helps.
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Can he file an temporary emergency custody while he has him for the visit and keep him that way?
Hello again Tessa -
No, absolutely not. He has to go through the court procedure to establish paternity and have his name added to the birth certificate before he could seek custody so there will be no emergency petitions that will work under these circumstances. Once paternity is established he can then seek a regular custody hearing -- but the only way that the child will be taken from you is if you are a horrible unfit mother and he can prove abuse and other bad things about you. Obviously, I cannot guarantee that he will not try to run away with your baby and that you will never have to call 911 to get him back -- but if he tries to use the court system to gain custody he will have a seriously up hill battle which will be very expensive in legal fees by the time he is done and he will come away with nothing but regular visitation IF he shows that he is fit to have regular visitation.
I hope that helps. GOOD LUCK !!