No he can not take the baby. If you have all the support papers that you are the residential parent and he goes beyond his visitation schedule, you need to contact the police if more than 24 hours, and make a motion to the courts.

are u asking can he the judge just give u custody Legally and not just "custody through birth"....YES he can...a judge can pretty much do what he wants... first thing u have to remember is, "no judge will go against the NORM of dictation for the area HE resides in.(mom sympathetic,for example).they all will pretty much stick together....even if 'blatanly obvious' the one parent or other is not good for an infant.... what state u are in has lots to do with family laws... they most certainly do give joint custody to parents that don't get along! that was stupid remark.IT HAPPENS EVERY SINGLE DAY,EVERYWHERE,CUSTODY BATTLES,lawyers make killings, and use every trick in the book to make a parent look bad....the" welfare of that child" is all that should be in anyones interest, parent and judge.... it is becoming more universal though that in lots of cases "dads" have rights, "which they do", and can be much better "mothers" or parent than the mother!!! and is very true....another thing growing is "parent alienation" and is definitely a good law for "welfare of children"!!! IF a parent can PROVE the other parent , intentionally tries to alienate(turn child against or keeps from seeing) that parent for her selfish reasons.....and many do this, and damaging to a child, they will give custody to the wronged parent..AMEN... most selfish parents worry about their welfare and needs and not their kids....AND WHAT KIDS NEED IS A MOTHER AND FATHER!!! their actions to each other are very traumatic and damaging to kids at very traumatic times in life...if an infant ,as here, that baby needs a mom and dad to get along for his sake!! not "not getting along" because of their selfishness... most states do not grant joint custody of an infant...BECAUSE , up to a year old, they do need their moms and they recognize this....but , once that child is over a year, its usually granted, unless one parent is "truly bad" for the child...and it takes an act of congress almost for a man to prove "a mother in birth only" is unfit...(it takes more to make a "mother" than giving birth!!same for a sperm donor to be a "father"... after 1 yr. he will get joint custody...and he deserves that if he is a good dad!!! same as u do ,if u are a good mom...which is all u two should be thinking of anyways, how u both can make it good,happy and stable for the little boy!!!! many men are truly done wrong with selfish ,evil, women like this...but give up because they are vicious and cruel to deal with, they use this child as leverage for getting back at(spite and vengeance) or getting what THEY want(usually money), or to trap these men into marriage or having to put up with them... dads have rights too... yes, he can do what he wants.(judge)..and almost all parents are given joint custody when a child is of age (weened,mostly)men can take care of babies too... once the child is of school age ,this will usually change..because 1 stable environment where school is is much better for an infant... please share and be good to ur little man....he needs u both..and love and stable environments and to know u BOTH love him and care about HIS life more than ur OWN.... there is no reason not to share, except YOUR OWN reasons,jealousy, hate,revenge..and these are evil... Solomons wisdom is a big example of what a real MOM or DAD should be...think about it...and as dr. laura says,"Go do the right thing" for the baby ,not u!!! from personal experience , parenting class is very helpful to both,some states are becoming mandatory requirements,ESPECIALLY for unwed parents.... mothers tend to think they are all theirs because they gave this child life(birthed_) and the man had nothing to do with it(lol) or any rights...HE had as much to do with it as she did!!!any woman can give birth same as any many can give life ....neither of these make or has anything to do with being a "good" mother or dad...those titles are EARNED!! PLEASE SHARE..or u will keep ur child "split in half" his whole life....and that ain't good for him...

not sure, you need to ask your lawyer that