If you are not married to the father of your children, and he is not on the birth certificate and has no court documents adjudicating him as the father, then (although he might biologically be the father), he has no parental rights to your children under the law. You are the sole natural guardian until he adjudicates his parental rights in court. You can file an emergency motion for child pick-up order, which the court will clikely grant under the circumstances. Then you can have the sheriff retrieve the children from wherever they are. I would also alert the day care facility that the father has no right to pick up the children, and would hold them responsible if they release the children to the father.
Answered on Oct 16th, 2017 at 9:14 AM