Legal Question in Family Law in Washington

For purposes of answering this question, I am going to assume that there are no court orders in place at this time. Thus, in theory, yes, he can just take the child and here is why.

For unmarried couples who have kids and split up, even where the paternity of the child is not contested, in order to set up custody orders (called Parenting Plans in Washington) we need to bring a paternity action. With a birth certificate that shows the father's name and where there is no issue at to paternity, the Court moves on to what kind of Parenting Plan and Order of Child Support should be issued.

Although it may take a few months to sort it all out for purposes of final orders, in the short run, we can very quickly get temporary orders set up so that custody and support are addressed on a temporary basis in the short run.

In the long run, depending on what, if any, issues there are in terms of parenting (i.e., domestic violence, substance abuse issues, etc.) a parenting evaluation may be needed as well.

This is just a very brief overview of what you are looking at, but it gives you an idea of what needs to be done. If your boyfriend has already taken your child, I cannot recommend strongly enough that you hire an attorney ASAP to at least get you started and get temporary orders in place. I am happy to help in that regard, but no matter what, get some professional help.