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    Default Shared Custody Case-Florida

    Back in January of 2006 I went to court with my son's mother, never married, and was awarded shared parental rights and responsibilities. We had week on/week off custody, and no child support was awarded to either party. It remained like that until 9-01-2007, when I made the decision, that I thought it at the time in our son's best interest that he go primary residence with his mother. I made this descion because we live 30 mins from each other, and thought it too unstable when he got in pre-kindergarten to keep rotating like we had, and wanted him to have a more stable environment. So I get him now every Thursday, every other weekend, and take him to church on the Sunday's his mother has him. I've been paying her $300/month child support consistantly since 9-01-07. Nothing of this new arrangement has been filed with the court yet, and we have not been back to court since 1-2006. It is simply something we verbally agreed on. Since 9-2007, many issues and problems have happened on the mothers end and disputes between us, and I now feel it in our sons best interest that he be with me. My questions are 1.) Do I still have the right to tell her I want to go back to shared custody immediately since nothing has been filed with the court, and 2.) Since I've made this verbal arrangement w/ her, and 5 + months have elapsed, do I still stand a chance to win in court for primary custody? Before spending $500 to consult w/ an attorney I figured I'd get some advice from here, and possibly other fathers who have been through the same thing. Thanks.

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