My daughter was born in Oklahoma and I recently moved to Arkansas my ex and I never divorced but we have been split up for over a year now and I am about to be having a child by my current boyfriend, who has custody when there hasn't been any court order?

If you are legally married your husband has rights.It is presumed that both you and your husband have equal rights.Another point is that he is viewed by the law as presumed father of your unborn baby,too.

About the only one with no rights is the boyfriend who is really the father ( except right to file to try and prove paternity.