My son is 5 yrs. Old and his father and I are on the verge of breaking up. We have been together for 7 yrs. however he wouldn'tsign the B.C. saying he didn't think he was his son and so that I could never get him for child support. Now he's telling me he's leaving and taking our son. I have many health problems to the point of practically being an invalid. I'm on social security and don't have money for a long court battle. My son is very attached to his dad and I wouldn't mind joint custody, I'm just afraid he won't return him and he'll be over exposed to his dads party lifestyle and lack of disipline. The stress is not helping my health, I have no idea what to do. Please help.

He has to bring your kid back, firstly he's not on the birth certificate, the only thing that could make a problem is that if you married he could fight you for full custody but only if he was on the certificate which he's not, why does he assume he's not the father? Did something happen?
If he takes you kid he's kidnapping,
You don't need to be loaded to get a court case, its so sad when kids are a item to fight over, and people threaten others with their child.
Hope all goes well,

The father has no rights unless you give him rights - acknowledge in Court that he's the father OR Court ordered DNA proves him to be the father. At the moment (if I read you correctly) you are the only legal parent; you control the child's whereabouts.

If you have health issues that are severe to the extent you would have problems caring for the child by yourself, yes, it's possible the father could get custody. Custody is awarded to the person who is best suited to the interests of the child.

The State in which you live is helpful.

It would be a Family Court matter. You have better odds with an Attorney than without - but an Attorney is not necessary. File in Family Court (before the father makes his move). Let the Court decide both paternity and custody.

Some Legal Aid Associations will help you; law schools often have students who will help you.

And you don't have to be married to have a custody hearing, fight, disagreement. You just have to be the legal parents.

The father has full rights to file for his rights in court. Until he gets a court order, he has no rights.

He can file in court for custody, and ask for a DNA test to prove paternity,
He may win custody or at least joint custody, many fathers are getting joint custody now.

So not being on the birth certificate means nothing except he will have to prove paternity

And you believed him that not signing the birth certificate meant you couldn't get him fro support? He lied to you.

AS the others have noted, if he takes the child and doesn't return him, he is kidnapping unless he files for custody. But if he does, given youyr health issues, he could gain custody.