Well custody is not a term used in Florida anymore. You would be seeking majority time-sharing of your children. If child support has not been established and there has not been any other order entered regarding paternity of the children you the father has no legal rights to your children. However if you want to establish a time-sharing schedule and child support you would need to file a Petition to Establish Paternity and Related Relief. I would highly recommend that you consult with an experienced family law attorney in your area. This is not something you should handle on your own. I wish you the best of luck.
Assuming neither of you has been the court yet regarding your children, you have sole custody right now. If he files for timeshare (custody) and father's rights, you should speak to a lawyer about how you can maximize your timeshare with your boys. You haven't provided enough information here for me to give you any better advice.
Florida no longer uses the term "custody" - we know have time sharing. Since you are not married, you would need to file a Petition to Establish Paternity and For Related Relief. Such a case would establish a Parenting Plan (time sharing schedule) and a child support amount. You should definitely talk to a lawyer about your case. However, self help forms are available at http://www.flcourts.org
Barbara June HuntingDivorce / Separation LawyerPalm Harbor, FL ·
Your question concerns what can be a complicated matter. As stated, Florida now uses a parenting time-sharing arrangement, not a custody arrangement for parents. We also have Shared Parental Responsibility regarding decision-making for the children. You don't state why you want sole custody of the children. The best interests of the children would be looked at to determine if it is better for you to have Sole Parental Responsibility for them, and whether there should be a restriction on the father's time sharing. Both of these things, as well as child support, can be established through the use of a Paternity action. I suggest you consult with a family law attorney in your area to discuss your questions. Good luck to you.