My sons father and I split up 5 years ago, we were never married and never had a dna test done and have never been to court. At first we decided on week for week he had him one week and I had him one week. Then he decided that my son was suffering, I said no to my son living with him and me having every other weekend, holiday, and Wednesday for 3 hours. He kept my son from me for two weeks and only agreed to me seeing him if I agreed to his terms so I did. It worked for a little while until it came to it being an issue for me to get my son when I should be, he has changed our agreement from Wednesdays to sat and finally Sundays. I have missed 3 Sundays in the last 3 months due to work and living over an hr and a half away. Now he says its not in my sons best interest for the once a week 3 hr visitations because he gets up set when I can't make it and wants to cut them out and I have no say over it. What if any thing can I do to get the fair amount of time with my son?

YOU HAVE TO GO TO THE COURTS. They will fix your problem in a jiffy. Get a lawyer, write down all the times you have tried to get your child and reasons you could not see him. The courts will see that your making an effort to see your child through proof of dates and times that you have logged. The courts might end up making him take a paternity test to prove if he is the father or not before they start making big decisions for the child's wellbeing.

The legal advice is that it depends on the State. Is the father on the child's birth certificate?

You need to go to Court and get both support AND visitation/custody ordered. Those are separate issues, usually heard together.

As it stands if the father refuses to return the child to you there is very little you can do about it without a long Court process.

Get something in writing from the Court now before there's a really big problem.

Is the father on the birth certificate ?
Why have you not been to court ?

You said no DNA so it is possible someone else could be the father ?

But you file for a parenting plan, custody or what ever you really want and go to court for it.