steal child question

[Mamacat104]

What is the name of your state? Maryland

My daughter lives in Maryland. She has a son by her boyfriend who has been threatening to take the boy and run off with him and not let her see him again.
They have constantly been fighting and he continues to threaten. Part of it is because he doesn't want to be forced to pay support for him. He doesn't work most of the time, only hangs around to cause trouble.
My other daughter told her that since they are not married, he could get in trouble for kidnapping the boy (even through he is the father) because he is not married to the boy's mother (ever).
Is this true? Can he take the boy and disappear and is there anything she can do to prevent that from happening? I don't know the laws there. Not sure where my other daughter got that information. Can he get into trouble for kidnapping his son if he and the mother have never been married?

thanks

 

[dakoto70]

Has he

beed found to be the father by paternity testing? Have they gone to court for vistation, child support?

 

[Mamacat104]

they both know he is the father, no problem there,
They haven't been to court for child support arrangements or visitation arrangements. Nothing at all has been done there.
They talked about him having the boy for a week, and then her having the boy for a week (sharing visitation and expenses that way), and not go to court. But don't know what she can do if they don't go to court.
But when he gets on his high horse, he starts screaming about taking the boy and disappearing and since they haven't been to court to deal with child support and custody, I didn't know if there was anything she could do if he took off with the boy, since he is his biological father.
It's a tough situation. She can't afford legal fees, barely makes enough to live on and he makes things much tougher for her and he doesn't work half the time and he owes child support for a child he had when he was married. I didn't know what she could do if he took off with the boy and refused to bring him back.. I'm never sure what the law will do

 

[jez51]

If paternity hasn't been established legally, then it needs to be done along with custody and child support. If he has nothing on paper saying he is the legal father, then yes it could be considered kidnapping. If your daughter can't afford an attorney, then she needs to try legal aid, the sooner the better.