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HelloThis is Samuel and I will discuss this and provide you information in this regard.If there is no custody order at this time, then the parent in possession is the parent in control. And as long as your son is on the child's birth certificate and can show that to the police, should they come to talk with him then they will not get involved. This is not a criminal parental kidnapping. A parental kidnapping occurs when there is a custody/visitation order and the parent does not follow the order and does not return the child to the other parent as ordered.
I suggest, however, that he can go to the clerk of the court where he filed for the divorce and request an emergency hearing for temporary custody of the child.
At this time, he does not have a legal obligation to allow the Mother to have the child without a court order saying such. And if he gets the Temporary Custody, then there will be a hearing for the Mother to appear and show cause as to why she should also have some sort of custody or visitations with the child
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