I was never married to the father of my 7yr old son. I have had custody of him his whole life---the only one taking physical care of him (i.e taking him to school, Dr., extra curricular activities..etc...) I am a full time graduate student and work part time (monthly income of 1K) graduating in May 2010 His father makes 40-45K a year working full time He pays $100/month and will sometimes give me a little extra if I ask (which I hate doing) I pay all medical/dental insurance, clothes, school supplies, entertainment, etc...for our son I am on food stamps, but that is all the assistance I get We never established custody legally He takes our son 48 days out of the year (once a week Sat. overnight) I am wanting to move to WA from OK to pursue a Ph.D and would like to take our son. I am not moving to keep them apart and am willing to send our son to his fathers for two months in the summer and every other holiday/birthday. I realize that Yahoo answers is not the most professional way to get advice but I am exploring all options. I plan on hiring a lawyer and petitioning the courts for sole physical custody. I would also like him to start paying more child support since our son is getting older (and more expensive). What are my rights in this situation? thanks
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Without a set custody or visitation you can take him with you regardless of what his father says assuming you keep him up to date on the physical residence of the child (failing to do so would constitute kidnapping if his father's name is the birth certificate). If the father is against the move, his recourse is to file to have custody/visitation establish through the courts. Once such an order comes down you'll both have to abide by it. If you want increase child support, the only way to do so beyond him complying to a request is to do it by the courts. If you file, the courts are sure to formally establish his rights as the father to include partial custody or visitation.
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