My sons has a father listed on his birth certificate but we are not married and have never went to court for visitation. Does he have the right to keep my son aw
He needs to go to court to establish custodial rights and parenting time, and you need to go to court to establish child support.
How does he have your son to be able to "keep" him in the first place? If you two are doing things informally, you run the risk that he might try to keep him. You would call the police if he fails to return the child, but it may not be a criminal matter if you have this informal arrangement and voluntarily gave the child to him. You then head to court, and seek return, as well as orders on the subjects I mentioned above.
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I am sorry to say that I have had a case very similar to the facts as you describe them. The police are left without much recourse, unless this is some form of kidnapping. So, unless you go to Court and get in place the very things my colleague has described, you could be looking at a very difficult situation.
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