If you have a certified copy of a birth certificate, and there are no custody or visitation
orders ordered from any court anywhere, then you have the joint right to custody over the child, and you can simply take the child from anyone other than the other parent -- who is in exactly the same legal situation with respect to you.
The problem is that if you try to forcibly take the child from a sitter, and the sitter calls the police/sheriff, you could be arrested for committing a breach of the peace, and criminal trespass -- even though you would not have committed kidnapping or interference with custody.
This would leave you in worse shape than you're already in, i.e., you would be sitting in jail and the child would be returned to the other parent, or to foster care
The only way to resolve this issue is to petition the family court for custody orders. It's expensive and annoying, unless you just happen to be able to convince the sitter to turn over the child without any argument.
For a family law
attorney referral, see these links: ABA
. If you can't afford a lawyer, then try Florida Legal Aid.
Hope this helps.
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