Should I file for custody?

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Mom103

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Im an unwed Mom to a 20 month old baby. Dad didnt sign birth cert. Child has my last name. Dad did have a paternity test after child was born. Dad doesnt pay child support (yet). I just recently filed and we have our CS hearing in 2 weeks. I (and our child) live with my parents and go to college full time. Ive been the primary parent since the beginning. Dad works away 6 days a week. He generally comes home around 5PM Sat and stays with his parents til 9PM Sun. Some weeks he even works Sundays so he doesnt come home at all. He visits with our child whenever he comes home He has NEVER had him overnight. I encourage him to be involved with our childs life. We've been trying to work on an official custody agreement between the 2 of us without getting the courts involved but arent having much luck. He insists on the paperwork saying he can have the child from Fri evening to Sun evening. How can he "have the child" when he's not home to get him? I will not agree to his parents picking him up on Friday if Dad is away working because his step Dad has some domestic violence issues against him. Should I just forget us working it out between us and file for custody and let a mediator and/or judge decide? Thanks for your help.
 
He is right you need a court order. Without one either one of you can ignore whatever parenting plan you have between you. Its in your best interest to go forward with court order so you and he have teeth to use in case either of you violates order
 
What kind of order would the judge usually order when 1 parent works away working extended hours? He stays in a hotel room when hes away working. I have no problem with Dad having as much visitation as he wants however I dont want his step father having access to our child if his father isnt around.
 
This is your state's child support collection agency.

They will work with you to make sure child support is paid and a court order issued.

https://www.humanservices.state.pa.us/csws/

Yes, you do need a court order addressing custody and visitiation.

They are two different things.

You'll keep custody, and he'lll get visitation.

I doubt that he'll get weekend visits with a baby only 20 months old.
 
Unless you can show Grandpa is a danger to child that is not going to happen

We have the police reports of step grandpas domestic violence issues against his wife and child (10 yrs). The 10 yr old is actually the one who called 911. Not sure if the courts will accept those or not. I appreciate your help.
 
(I'm only addressing the overnight/weekend visits part)

A 20 month old is plenty old enough for the court to order overnights and entire weekends.
 
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