What is the name of your state (only U.S. law)? I currently reside in NJ. My daughter was born in New Mexico. Her father and I were never married and I left the state of NM in 2007 with her fathers permission. Things did not work out and I decided to stay here with her. He currently pays child support( a sum we decided on our own) not thru the court. Do I need to file for custody of my daughter to make it legal?? Or does her living with me mean I am already the custodial parent. Her father visits maybe twice a year and she is too young to travel to him by herself ( she's 4 )