Who has custody?

Question

Me and my ex had a baby in January. He went back to AR and me and my son are up here in ND. He's trying to say he can come up here and take my son down to AR without my permission. Do I have custody? We never went to court but he is on the BC. I'm not scared of him coming or kidnapping or anything, I just want to help him understand.

Answer

It probably depends on where you live. I would seek legal advice. Were you married? Is he listed on the birth certificate? Was a DNA test ever done to establish paternity? Is he paying child support? Did he leave or abandon his child? Those things may make a difference. If you have been the primary caregiver, you probably don't have anything to worry about. I would still ask for legal advice though.

Answer

But he can't just come up here and take him without my permission right?

Answer

It depends on the state but most states you actually need to go to court and get sole custody.

Who has custody?

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