I Want Sole Custody of My Child

[llworking]

In New Jersey, once paternity is established, unmarried parents have the same rights to their children as married parents, so it's not accurate to suggest that dad has no rights to access his children.

The better answer is that he has no enforceable rights. Absent a court order, mom can say no and there is no avenue to enforce anything.

[Mr. Knowitall]

The better answer is that he has no enforceable rights. Absent a court order, mom can say no and there is no avenue to enforce anything.

If dad gains access to the child and takes the child into his custody, mom asks for the child to be returned, and dad says "no" (or is already back in Florida with the child), what can mom do to regain access without first going to court?

[Dogmatique]

If dad gains access to the child and takes the child into his custody, mom asks for the child to be returned, and dad says "no" (or is already back in Florida with the child), what can mom do to regain access without first going to court?

I know, I know! Pick me!

In all seriousness, despite the party line generally being something like "If they're unwed, Mom is the only person with any rights to the child until the court says otherwise even when paternity is established", this doesn't hold true in most states. One of the "M" states - I think Missouri - actually does make it clear that in an unwed situation even if Dad has signed the AOP he has no right to keep the child until and unless there's a court order and I vaguely recall a Legal Aid site explaining what the single parent - yeah, usually Mom - can do, and it can turn into a criminal offense very very quickly.

But that's not the norm, despite the party line.