Illinois - If my grandson lives with his biological father for only 3 months of his entire 6.5 yrs only as a favor to put child in school temporarily until my daughter found a permanent residence and my daughter doesn't return child after a weekend visitation because father is claiming he will file kidnapping charges if child doesn't come back, does he have any legal ability to do so considering there was never a court order of custody/ visitation / support? He has given my daughter money here and there when convenient and taken child for visitation on a 24 hour weekend visit when convenient to him.
Is this an unwed parents situation? If so, mom is the only one with any kind of custody of the child if nothing has ever been established in court.
Therefore absolutely no, dad CANNOT file kidnapping charges against mom. The police won't even get involved at all.
Three months isn't even long enough to establish status quo, so dad wouldn't have any major edge in a custody battle either.
However, its clearly time for these two parents to get an enforceable custody/parenting schedule put into place. Because once the threats start, its just going to be a miserable time for the child until mom's and dad's rights and times are clearly spelled out in an enforceable order.