My ex and I have a 3 month old daughter. She has always been in my custody. I pay for everything she needs including health benefits. Her father has recently started taking her overnight but I am very uneasy about this. She does not have her own room, he has her sleeping in a bassinet by his bed even after I explained its not safe now that she's rolling over, he brought her back in clothing that didn't fit and with diaper rash and he has multiple roommates living with him(some of which had previous drug problems) I ended up providing him with clothes and cream as well as all her bottles of milk as I want her to be breast fed. My main concern is he feels as if he should be able to call the "shots with his daughter." He's supposed to keep her overnight 2 days and take her one day a week for 8 hrs. He shows up when he feels like it and brings her back late all the time. It is starting to affect my life as I have to wait around for him consistently. I had an appointment the other day and he was supposed to pick her up at 11-12 and by 12:20 I still hadn't heard from him so I left the house to go to my appointment and took our daughter. This cause him to go into a rage and say really nasty things am I allowed to keep her if he is late? He gives me no money to support her, we have never been to court and he sees her on average 20% of the time. Do I have any rights?

Without a court order saying otherwise... he has EXACTLY the same rights you have...

You and he have exactly same rights to child, a custody order from the courts, will decide what days he has child, and what days you have. But he will have rights to have child, even up to 1/2 of the time.

Until you go to court to obtain custody and child support, there is little you can do aside from refusing to let him see the child under those conditions.

However, if you refuse him visitation, he may be the first to go to court. Be the smarter one and file before he does.

You need to go to court. To establish custody, visitation and support. With a court ordered visitation schedule, if he's late, then you are free to go on with what you need to do.

Right now, he can refuse to return your daughter since he has the same rights as you as far as custody.

Right now, he can refuse to return your daughter since he has the same rights as you as far as custody.

As well, you can refuse him visitation as she is breast fed.

You get to court file for main custody and child support. Document all reasons you feel his environment is not good for her.