More details to this question:
My son was born in Ohio in 2008. I moved to PA in 2010. We were never married. He can see his son anytime he wants when he comes to PA. He still lives in Ohio. I keep getting conflicting answers.
1 ANSWER
The fact that your child lives with you means that you have custody, but, from the information you've given here, I don't believe that you have a court order where the court has granted you custody. Without one, that means that both you and your son's father both have equal rights to him. If his father should decide to walk out the door with him and take him to Ohio, you have no legal claim to stop him at that time. You would have to go to court and seek a court order to have your son returned to you. In the same respect, his father is dependent upon you to allow visitation. Should you stop, he would have to get a court order to allow it. It makes sense in nearly every situation where the parents do not live together to have a court order which spells out who has custody. This protects everyone's interest. You should consult an attorney in your area to discuss the specifics.
Answered on Sep 04th, 2011 at 12:40 PM