There has been no custody established in court, can i take my son with me from his mothers house when i visit?

without a custody agreement, you can do whatever you want with your child....as long as paternity has been established of course. you dont need her permission to do it either, but you probably should just to avoid the conflict.

Divorcing DaD is absolutely right! It's not kidnapping unless there is a court order. Obviously, that doesnt mean you should run off with your son. But if your ex is being a b*tch about visitation, what else can you do? You have the right to be a Dad.

Yes as long as his mother agrees with it.

You could go and file a petition for visitation to make it legal to take him where you would like.

You should really wait for the court hearing. Depending on the state you live in..... it could be considered kid-napping. Even though its your own son!

I am not sure how old the baby is... but make sure you discuss current and future visit times. If hes still under a year and like you said hes nursing... he needs to go home after a few hours/day. But around a year he should be able to go away over night.

You want to ask the court for 50% physical and 50% legal custody. Legal custody will give you the right to his medical and school files. As well as a chance to voice your opinion in his care for both.

If you are married then she doesnt have a say anyhow, so long as you dont take him out of state, that can get messy and cause you problems. If you want to take him for a lil while call and tell her you need to arrange a time to pick him up,and make sure you bring him back ontime so that she doesnt get scared and worried.

You know what, I'd call your local police department or Department of Children Services and ask if there are any laws saying that you cant take your son out for a while. I'm pretty sure that there wouldnt be, but I'd hate to say to and get you into trouble. So Play it safe and try calling around and get an accurate answer. G'luck at the hearing hun, sounds like its a handfull.

If you are the father you can take your son any where you want LEGALLY. Until there is a court order saying you cannot you do as needed with your kid. The mother doesn't have to say yes. Or agree to anything. I know this because I went through the same thing. The police told me until there is a court order they can do nothing.

No, its not kidnapping if no court order is in place.

We found out recently, with a family member of mines, that sometimes the courts try to keep boys with their fathers during separation. Make sure you have enough evidence backing up your claims that you are the better parent and have spent more time with him. Like know people who can testify (they can write a letter for your case) that it's always you (or at least 80% of the time) they see you with him i.e. like the babysitter/nursery/daycare - that helps. And her not having custody of the other child helps you out also. Do what you know is best for the child.

Unforuately I don't know the laws in the United States but in Canada if their is no custody order issued and you take your son away from his mother and don't bring him back, she has to take you to court to get him back. Maybe she knows this and will not take the risk. She can call the police all she wants but she has no proof that her son is legally supposed to be living with her. If she ever called you and said take your son and just drops him off with no notice then that abandonment and you can call Children's aid and the child will stay with you.

Even if it is leagal, you should really take alot more into consideration. First talk to the mother about it. Try to work it out with her. If she is being unreasonable, take actions to have it established with the courts as soon as you are able to. You don't want to do anything that would put your son into a situation that would be stressful to him and parents who argue is stressful, especially if it will end up making him feel as though he is the cause.

You have to have permission from the mother before you can take him from her house. It would be the same if she were wanting to take him from your home. You really need to go to court and get a visitation schedule set up. It would be in everyones best interest.

Since he lives with her, she automatically have primary custody of him and it would be kidnapping if she doesn't agree.

Been there.

Well as long as everyones in agreement yes! you can't just take him, consider your son's plus his mother's feelings not just your own!

Yes as long as the Mother consents.