Custody of 3 1/2 year old

What are the chances of a single (but engaged)father getting physical & legal custody of his 3 1/2 year old son when he and the other were never married and there was never any sort of legal agreement as far as visitation and support for the child?
Thanks...

Is the mother currently providing good care for the children and there is no EVIDENCE of abuse, drugs, drink etc ?. Have you mentained a relationship with the child and see him often ?? Do you currenly pay child support ?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
[b]Is the mother currently providing good care for the children and there is no EVIDENCE of abuse, drugs, drink etc ?. Have you mentained a relationship with the child and see him often ?? Do you currenly pay child support ? [/b]<HR></BLOCKQUOTE>

My fiancee (the child's father) has maintained a very good relationship with his son.He also pays the mother child support - a couple dollars a week OVER what the state of Maine mandates a week according to their combined salaries. As far as abuse/drugs - the mother would never abuse the child, but there are drugs. No tangible evidence except for witnesses who have seen her smoking pot.

If the mother provides good care for the child then why would you want to rip the child away from the mother ? Unless of course you believe the smoking pot is more than just the occasional joint..

Overall, I would say the chances of getting physical custody of the child to be silm, unless you can provide extensive proof that the child is in some danger or the drugs are extensive. If she smoking in front of the child, does he sit in a smoke filled room breathing the smoke ?.. Do you have witnesses who will testiful in a court that she smokes pot and endangers the child ?

Yes there are witnesses that will testify that she smokes MUCh more than the occaisional joint. The house she lives in is a constant filthy mess, plus she is under reporting her taxes.
At any rate - there is no intention to "rip" the child out of any situation. We just want to be prepared for the worst - the mother is currently threatening to sue for full custody, plus is giving my fiancee nothing but a hard time when he comes to pick his son up/drop him off. She does petty stuff and it's just getting real annoying. Our position is just to gather as much info as possible on the subject so we're informed of his (the father's) rights.

Well, with that new info.. then yes, there is a possibility you could get custody. If there is obvious evidence of drugs and you have good witnesses to testify, then you can proceed with court action. Also, problems associated with visitation will not go in her favour. Continue to collect evidence and then see an attorney.

As for her threat.. means nothing, she can not sue for full custody unless something substantial has changed.

Thanks for the peace of mind. Her whole issue is that she no longer has her weekends free to go out & get trashed - she has to be a mother. She also has a child from a previous marriage who she doesn't have custody of. I just know she's going to flip out when she realizes that my fiancee has been doing his homework and is not going to pay her the amount of money she wants a week because it's more than the state of Maine mandates for the amount they make. He's already paying more than that. Oh well, keep your fingers crossed that she doesn't do anything nuts.

Whatever you do... do not stop paying the court ordered amount.. this will not go in your favour..

No no - there was NEVER any legal anything involved. This is all without the courts getting involved at all. He's paying child support because he wants to and has an obligation to, not because there is any legal order to do it.