Hello,

I want to explain my situation in detail because the more you know, the better you can help me. So please forgive the length of my question.

My fiancée has a 4 year old son with his ex-girlfriend. They have been separated for over a year now and had decided to not get involve with the court. My fiancée pays monthly child support in which both parents have agreed on a set price and he also pays for anything the child needs. He's great with his kid and he sees his son at least twice a week if not even more. The mother of the child does not work, only going to school and is living with her side of the family. My fiancée basically pays for everything the child needs and wants. In a year or two from now, the mother might move to another state because her mother is moving there and she won't have a place to live that she can afford down here in Florida. The father and I live together and we would be more than happy to have the child stay with us, but I do not know what to expect if we file for custody. The mother already said that she would not allow the son to stay with the father over summers or holidays. She has no problem if it's a day or two, but if its more than a week, she won't allow it (hence why he would move). Reason for her stubbornness is basically she doesn't want to be without her son for such a length of time. What can we (my fiancée and I) do to prevent such a separation of the father and son?

You have to go to court. Your fiancé made a mistake in not having some sort of agreement drawn up in the first place. Its lucky that they are able to communicate and be civil but an agreement would have had some sort of barriers on where she can move, visitation, etc. Best of luck.

You can go to court and either file a motion for custody or a motion for visitation that would preclude any lengthy separation between your fiancé and his child.