Can My Child's Father Take My Son from Me and Get Away with It

[Summerbaby]

My question involves a child custody case from the State of: Massachusetts and Virginia

Me and my son's father have never been married, never lived together, and live in seperate states, but were together for five years. I have full physical and legal custody of my son here in Mass. My son's father is the non custodial parent in VA and pays child support with no custody order. He has gone in and out of my son's life multiple times in his one year life, and now he's back. Things are going well now, and he wants me and our son to go down to Virginia to meet his family. If for some reason he was to take my son somewhere and didn't come back with him, would I be able to get my son back legaly? Could he hold my son hostage until he gets custody changed? I'm not sure if he'd do this, but I just want to make sure I've covered all of my bases before I go down there.

[Mr. Knowitall]

First you say that you have "full physical and legal custody", then you say that there is "no custody order" - did you mean no support order?

If your ex- does not bring back the child in accord with the custody and visitation order, you may seek enforcement of the order through the courts and your ex's acts may constitute parental kidnapping.

[Summerbaby]

Sorry, I meant that there is a child support order, but no custody order. He's simply listed as the non custodial parent. I take care of my son 24/7. Would he still get in trouble if he tried to take him away from me?