I am an unmarried mother of a 7 month old. I wanted to know if I automatically have custody should I decide to leave her father until we have a court date to decide custody etc... Paternity is not an issue and there is no domestic violence.

Is he the acknowleged or declared father or do you "simply" know he's the father?

Is there a petition pending concerning custody?

What State?

We are in Florida. Im 100 % sure he's the father, his name is on the birth certificate and he is not denying paternity. But no DNA has been done. No petitions either at this point. I just wanted to know what my rights were should I decide to leave him

First, Please don't use the comments feature to post follow-up. Use the Answer This Question options. This way responders are notified that you have posted a follow-up.

Second, I moved this from the Children forum since it is a legal, not a child rearing question.

Since he is on the birth certificate he is the legal father and has joint legal custody. If you are currently living with him and he is supporting the child, he also has joint physical custody.

Therefore, while you can move out, you should not leave the general area. If he decides to enforce his rights, he could force you to return to the area.