If your son is Native American it will be close to impossible to get him away from the reservation due to the Indian Child Welfare Act (ICWA). If his mother is a fit parent they would not take him away from her. if you move to his state you can get shared custody and visitation. To get your parental rights you have to prove paternity with a DNA test and then you can petition the court for custody, visitation and pay child support. But consult a lawyer on this.
In Colorado, if both parents are listed on the birth certificate but are not married, they have equal custody rights unless a court order specifies otherwise.
If you were not married when the child arrived the legal custody lies with the mother. The father have to prove paternity in court before he can get his parental rights.
The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.
Except in Arizona, the mother has sole custody and the father has to apply for his rights through the courts.
If he is not married to the mother, he has no assumed rights to the child even if she were a citizen, so the same challenges would remain in obtaining custody.
If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.
Yes, but he will have to file a petition for visitation. He may also have to go through paternity testing to verify.
No. If your mother has sole legal custody she can consent to your getting married.
It would be better if you were married, but there are other, less pleasant ways she can get custody. See related link.
You have custody unless there is a court order saying otherwise. The father kidnapped him. Since you were never married he would have to go to court to get his parental rights and custody, visitation and pay child support. If he has not done that he has no rights to the child. So call the police.
wife
If a child is born out of wedlock in Georgia, the father must file a petition seeking legitimation through the courts to become the legal father. Putting a name on a birth certificate is not sufficient. In the legitimation proceeding, the court has the authority to make custody determinations. If the father has not filed for legitimation, he is a legal stranger to the child, and has no rights to custody.