This is in the state of Oregon. My son's mother left me and married another man while she was pregnant. My name is on the birth certificate. There is currently no custody order from the court. Does she / they have custody by default?
Is it considered kidnapping to take him? I'm not going to just take him, I'm going to file for custody but I am curious what my rights are as a father until there is an order in place.

If you were living together and both on birth certificate but since you did not file for custody you basically give her the default.

Since you left the child with her, now you have to go and file for custody