custody when never married

I have recently been allowed to have visitation with my 8 year old son. Paternity was established about 5 years ago by the state. His mother would not allow me contact with him and I chose not to create a bad environment so I let him live with her and stayed out of their lives. About a year ago she allowed me to start seeing him. She just told me a week ago that she is moving out of state with her fiance and new baby. She is leaving our son with his grandmother for 60-90 days until they get settled. He is currently at our house for the week and I have asked her to allow him to stay with me and she has declined. Since there was never any custody established through the court or in any way - Do I have the right to keep him with me until she can properly house him? Or, should I file for temporary custody? Do I really have equal rights to custody since no custody arrangements have been formally made?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by yuckbay:
[b]I have recently been allowed to have visitation with my 8 year old son. Paternity was established about 5 years ago by the state. His mother would not allow me contact with him and I chose not to create a bad environment so I let him live with her and stayed out of their lives. About a year ago she allowed me to start seeing him. She just told me a week ago that she is moving out of state with her fiance and new baby. She is leaving our son with his grandmother for 60-90 days until they get settled. He is currently at our house for the week and I have asked her to allow him to stay with me and she has declined. Since there was never any custody established through the court or in any way - Do I have the right to keep him with me until she can properly house him? Or, should I file for temporary custody? Do I really have equal rights to custody since no custody arrangements have been formally made?[/b]<HR></BLOCKQUOTE>


My response:

You had better file for custody now, where the child has been living for more than 6 months. Once the child moves, and residency is established by that State's laws, you'll be forced to go to that other State. Get orders in your own State.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."