Child custody

I live in FL. I have a 6 yr. old son who has always lived with me. He was born out of wedlock, and I never lived with nor married his father. His father has always maintained some contact with our son, and has always sent child support (although a paltry amount) unless he was laid off. We do not have any court agreements...About a year ago he moved out of our city to another state. But he comes back occasionally demanding visitation (always at his convenience). The last time he picked up my son (who did not want to go) he took him to a woman's house. It turns out she has 3 kids from him. Tha's all fine. My son came home saying that his dad spanked him for wanting to come home. I want to know--what rights do I have if we were never married? Can I deny him visitation (I have never done that) if he doesn't agree to agree on visitation dates and places? He comes and takes him wherever he wants with literally no regard for the fact that I raise this boy and have a right to know where he is....Can I and should I go to court for sole custody? Can he steal my son legally? Do I have custody by default (simply b/c he has always lived with me?) Help!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by selim1973:
[b]I live in FL. I have a 6 yr. old son who has always lived with me. He was born out of wedlock, and I never lived with nor married his father. His father has always maintained some contact with our son, and has always sent child support (although a paltry amount) unless he was laid off. We do not have any court agreements...About a year ago he moved out of our city to another state. But he comes back occasionally demanding visitation (always at his convenience). The last time he picked up my son (who did not want to go) he took him to a woman's house. It turns out she has 3 kids from him. Tha's all fine. My son came home saying that his dad spanked him for wanting to come home. I want to know--what rights do I have if we were never married? Can I deny him visitation (I have never done that) if he doesn't agree to agree on visitation dates and places? He comes and takes him wherever he wants with literally no regard for the fact that I raise this boy and have a right to know where he is....Can I and should I go to court for sole custody? Can he steal my son legally? Do I have custody by default (simply b/c he has always lived with me?) Help![/b]<HR></BLOCKQUOTE>


I am not sure if this would go over in your state. But my visitation order for my 13 yr olds dad stipulates that I have sole managing conservatorship(he kidnapped him when he was 2), and if he goes for a period of no visitation, in order for him to be able to pick the child up he has to notify me in writing at least 30 days prior to exercising his visitation rights. Of course that hasnt stopped him from showing up on my doorstep wanting to take my son after not seeing him for 6-10 months, and of course his excuse has always been they didnt know for sure if they were going to be in the area. He and his wife just jump in their car and take a 6hr drive without knowing where they are going sometimes and end up at my house.
I have never not allowed him to take our son on those occasions but I have that bargaining chip to use if need be.

If you do not already have a order for support or custody and visitation I would highly recommend you doing so ASAP. You do not have to allow visitation until there is an order by the court.

I was about to ask if there is a custody order or a support order? If not, then get one and until then you don't have to let him take the boy anywhere. Go see the lawyer and file the paperwork if you are really concerned about where and who the father is taking the child around.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by selim1973:
[b]I live in FL. I have a 6 yr. old son who has always lived with me. He was born out of wedlock, and I never lived with nor married his father. His father has always maintained some contact with our son, and has always sent child support (although a paltry amount) unless he was laid off. We do not have any court agreements...About a year ago he moved out of our city to another state. But he comes back occasionally demanding visitation (always at his convenience). The last time he picked up my son (who did not want to go) he took him to a woman's house. It turns out she has 3 kids from him. Tha's all fine. My son came home saying that his dad spanked him for wanting to come home. I want to know--what rights do I have if we were never married? Can I deny him visitation (I have never done that) if he doesn't agree to agree on visitation dates and places? He comes and takes him wherever he wants with literally no regard for the fact that I raise this boy and have a right to know where he is....Can I and should I go to court for sole custody? Can he steal my son legally? Do I have custody by default (simply b/c he has always lived with me?) Help![/b]<HR></BLOCKQUOTE>

To ECHO what has been said, FILE FOR COURT ORDERED CUSTODY, limited visitation and Child Support AS SOON AS POSSIBLE. He can take your child and you will have a fight on your hands to get him back. With a court order in place you can nail his butt to a tree and throw rocks all day if you wanted to (ok, slight maybe not but you get my point).