Do you think that this is concidered kidnapping?

Parental kidnapping? Yes. What you need to do now is keep your mouth shut and when he goes to work on Monday morning, move out with the help of your family. Make sure you forward all your mail as you leave so he can't destroy it. Also, get your name off the lease if it is there and close any joint accounts (including utilities) and open up new ones in your name only. And then hire a good lawyer to have your sole custody confirmed (as another person has already said, you do have custody already but it won't hurt to have it confirmed!).

Once you move out, don't let him see your baby anymore...UNTIL he has been to court and had his paternity confirmed, he has no rights to your baby and that means that you do not have to let him have any kind of visitation...and you should not as he as made it clear he intends to take the child from you. When he does go to court to seek visitation, your lawyer should ask the court for supervised visitation as he has threatened to take the child out-of-state in the past. Good luck and God bless.

*****

Addendum: IF your boyfriend takes off with the child before you can move out, tell the police that you have custody and that there is no legal father for the child...for all the court and the police know, you had a thousand lovers (no offense intended) and without a dna paternity test to affirm paternity, there is no way to know who the father is. And that is what you tell the police...that you do not KNOW who the child's father is...and that is true, you don't "know", you "believe" or "think" and that isn't quite the same thing!

Unmarried Mother's Primary Right To Custody

The unmarried mother is presumed to have the primary or natural right to custody of children born when she is not married. Therefore, she has the legal right to custody, care, and control over the child and her rights are superior to those of the father or any other person. These rights can be defeated if it can be shown that the mother is unfit or has abandoned the child.

YOU HAVE CUSTODY. It is established by you being the mother, and the fact that he has not gone to court to prove his rights.

NO.. he legally cannot take your child out of state, vacation or otherwise.

Well if he plans to simply visit Ohio and return, it's not actually kidnapping. Ohio is not that far from NY, so that could take less than 12 hours. You would need legal custody over him to file kidnapping complaints. You could be charged with filing a false report if you call the police for events like going to a baseball game, out of town trips to grandparents etc. type of thing with out having some pending or formal domestic case that says he has limited custody. If you cannot work out your differences with your boy friend, you have to go to court for full custody rights.

If he takes the child and doesn't return, then it's custodial kidnapping.

Just the fact that he made that threat to you is all you need to know about him. Move out, file the papers for custody and child support.

Start keeping a journal of all the things he says to you. Get a mini recorder and record all your conversations without telling him. (its legal in NY)