I will make this short but w/ enough back ground to get correct feedback. I left my DD dad when she was 16mo - she is now 3. He pays monthly child support, but there is no other court order in place - custody, visitation, etc. She lives w/ me of course and at NO time does her dad make attempts to see her extra - she visits him only every other wknd - totally 4 days/month.
My question is - since she lives with me, he has made no attempt to ask for her to live w/ him (nor does he want to see her more than his 4 days/month) would a court see it that I have sole custody and he only has visitation rights? I am wondering if if I don't need to go through the courts to get court ordered sole custody b/c w/o any court order, he could take off w/ her at any of his visits and I wouldn't have a leg to stand on. I don't think he would b/c he barely sees her as it is now- sadly she is just not his priority, booze and his new girlfriend are. I have sent certified letters letting him know he does not have my permission to cross state lines with her, however I firmly believe he has gone against this. I know a lot of this is only "my rules" b/c there is no court order- but again he has made 0 attempts to see her more than he does.
So- should I get a court order, how do I even do this (state of KS) I don't have $ to hire an attorney. Do you think a judge would award sole custody to me based on the fact he really wants nothing to do w/ her other than his alloted wknd visits? I am open to any questions that may need answered. Thank you for reading!