What happens when you file for custody and are still living with your childs father?

Miranda - posted on 01/24/2013 ( 1 mom has responded )

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My boyfriend and I currently live together. About a week ago we got into a really bad fight and I left. We talked about things and made up but we have an 18 month old son together. Every time we get into a fight, it always comes down to what we are going to do about our son. I don't want him to be able to take our son and move without me knowing. I want to file for custody even though we are still living together. Has anyone ever done this? How did things work out? Any advice?

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D - posted on 10/03/2014

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if you have these fears...i say leave and go file for custody. if you dont have anything in place and he takes your son, there is NOTHING you can do about it. Dont let him be the first to file, i dont want to say that looks bad, but being the mother....take every thing into consideration for your son. my ex and i would talk about those things as well, we didnt have the best relationship...he lied one day and called the cops on my telling them that i pushed him...they hauled me in and after i got out that night, i went back to MY house and picked up our daughter who was 2 wide awake watching tv while her father was passed out from being drunk, this was the last straw....this was on a sunday, ii called out of work the next day and hired an attorney, we had an emergency hearing friday judged ordered temp custody to no one...he moved out the night before court and my daughter and i went went back to our house after staying w/my parents all week. long story short i got sole physical custody w/him getting her 4 days a month, no overnights and joint legal custody.

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