Originally Posted by Cat Herder:
I understand it different.
If the birth mom does not have a court order saying so, she does not have sole custody. She may have literal "physical" custody, but not legal sole custody.
She has no legal right to withhold the child from the other parent. Her only power lies in the father believing she does. If he picks up the child from daycare, he can also withhold the child while filing for a temporary hearing.
If called, the police could give the child to which parent was acting the most stable at the time of the call. It is the most rational approach. They don't want to be involved in family court matters.
Without papers, both parents are of equal legal standing.
This is what I was told by the police as well. It HAS to be a court order.