Dad wants to take my son from me

[chillis]

My sons father wants to take my son from me. We have been together for 8 years, lived together for 5, and our son will be 2 in June. We have never been married, my sons father did sign the birth certificate. we still live together currently in my fathers house (we have since June of 2008). My dad smokes pot (sons dad knew this before moving in). I have been diagnosed with depression. I do not go to work, i go to college full time. I am the one who does all of the physical care for our son, except when i am in class 3 days a week, he is in daycare at that time. My sons father goes to work and provides some support (my dad also gives us money each month). I want to know if i would have primary custody of our son as we arent married? Could my son be taken to IL without my consent? My sons father wants to take him there, they would live with my sons grandparents, and my sons grandma would end up taking care of my son 90% of the time. my sons father really doesnt do much to physically care for our son. in my sons life he may have given 3 baths, fed him a handful of times, and rarely changes a diaper. He isnt even sure of his own sons daily routine.... i take him to all his doctor appointments, and am always the one to pick him up and drop him off at daycare. Not to mention i am the one who has to get up with him every morning, and put him to bed every night. I am very upset by all of this and just want some answers.... Hope you guys can help me. I just want to know what he can legally do, and what would happen if we did go to court, would i get custody? (or what are the chances)

 

[Duranie]

Well Dad can certainly ask for custody as you live with your Dad that smokes pot, and you have no job and no financial means to care for the child. If there is no court order both of you have some rights. If you want to keep the child in state you need to file for custody while your state has jurisdiction. You really need to find at least a part time job. He can ask for custody sure, who knows if he will actually get it. Can you 2 decide on joint? what state are you in now? If I were you, file for custody and child support so Dad cannot move the child out of state. Be advised though you need to seek some sort of employment.

 

[chillis]

reply

I do have financial means, my family would help support me until i found something, but i think we can come up with a joint agreement, but if it were to go to court i want to know how i would fare in the situation... i am in FL right now, and i want to keep it that way. I dont see how something my father does affects wheter or not i get custody, its just the living situation. besides i dont think it has much legal weight seeing as my sons father knew about the pot smoking before we moved in and still allowed us all to move in here. and how would the childs father find out about the custody filing? would i have to tell him or what? would it go to the house like being served papers?

 

[Duranie]

You have to go to court and file for custody and have him properly served. Since you live in FL your state would have jurisdiction. Yes you have to have him properly served. you need to do this right so you need to call legal aid to see if they can help you or go down to the courts or talk to a paralegal that does family law work to see if they can help you, but doing this right may cost some $$$.

as far as your dads pot smoking, just because the childs father knows about it does not mean it is acceptable, nor will a family court judge be impressed with a living arrangement where drugs are used. If the child lives there, it matters.

Are you talking to your childs father? Get an address for him so you know where to serve him.