Q: I have recently found out my son's dad is never home with his son and his dad girlfriend has been taking care of my son
Since his dad is failing on taking care of him can I pick up my son to live with me no custody has been established
A: It sounds like you have some type of informal, verbal agreement for custody. You would be ill-advised to just "pick up your son to live with you" regardless of a formal custody agreement.
The first step, in my opinion, would be to have a conversation with the child's father, express your concerns, and relay your wish to have your son live with you. Next, to protect both of you, you should develop a written custody agreement, parenting plan, and child support agreement; even if the agreement is that neither party pays child support.
You could use the assistance of an attorney who handles family law matters but, if you elect to "do-it-yourself," I recommend you get extremely familiar with the self-help section of the UT Courts website: https://www.utcourts.gov/selfhelp/.
I wish you the best.
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