Quoting Dannikay ♥1.16.11:" my baby's father is trying to take my son because we didnt end up moving into an apartment so he got ... [snip!] ... son's needs. could he win in court? i didnt think he could, but im just nervous ill come home and my son and him will be gone.."
If there are no court papers in place then yes he could take him.
I am no way involved in the law of USA, I do live in Austraila, here in Austraila they look at the child well beign and more secure, they also do shared parental rights so if there are things like that in USA he may end up with something like that?
Anyway good luck.