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If you're in the US and there is no legal custody order in place, then yes (because he as the same rights to the child as you do). Of course you can then go to court and obtain a custody order and he'll be ordered to return the child, but without that court order there's nothing you can do.

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Q: If my ex takes our daughter does he have a right to keep her if he decides not to return her she is 4 and we are not married but his name is on the birth certificate?
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