Never married, custody question. Please help

[Raindropsmum]

My ex and I were never married. We had a child together. (he is now 2.5yrs) Since the day we split up our child has been with me.
The father went with me to child support a long time ago and agreed to pay, and since then they have been deducting it out of his paychecks and sending it to me. (Even when he was not working or was working under the table, he paid me. Was not the full amount but he paid "what he could". I felt at the time that it was legit.)
The only issues we have had is his irresponsibility not being on time to bring him home, or not bringing proper things with him home. I have to get him to bring him to my job on his pick up days after daycare to bring me daycare items(blanket, lunchbox, notes, dirty clothes, ect) because he can not bring them back at the end of the visit.
The entire time, since the end of our relationship the routine has been- Raindrop lives with me full time. His dad gets his every other weekend. He picks him up from school (daycare) on Friday, and he brings him home by 6 pm on Sunday.
There has been many many times he has brought him back at 6am, 2pm, ect there is never a set 6 pm time because he works it around HIS schedule. For example if he has to work that morning and his mom can not keep him then instead of looking for or paying a sitter he brings him home before he goes to work.
Some weekends he has stayed over for example he asked me since no school(daycare has a learning curriculum) on monday if he could stay an extra night. Even thou I want to say no. I feel like I can not prevent him from seeing his son. 99.9% of the time if he calls and wants to see him I allow it, or find a way to work it in to our schedule. Which is not often, most of the time he will call couple nights a week, but only sees him on his every other weekend schedule.

I am now re-married. We have a very stable life here, both have stable good jobs. My child is in a very good day care, I pay a pricey amount for (700 month- I get 380 month for CSupport) I have a permanent sitter, (I pay his teacher extra to take him home with her 2-3 days a week that I do not get off in time-I work 12 hour days)
His father lives with his parents, sister, brother in law, and kid, on the weekends they have 2 extra kids there.

Okay. So I think I was told in the state of FL with out being married or having custody papers that we both have 50/50 custody.

Would it benefit for me to get a lawyer for custody papers drawn up?
What would it benefit? Him not taking him and not bringing him back?
The times and days he is allowed to get him?-What if he breaks it?


I am sorry it is so long and useless info. I just wanted you to know everything so you could give me your true complete opinion.

Thank you so much!
Raindropsmum

[Attorney Cheri Hobbs]

Florida operates under a Shared parenting (both of you should have a say in the education/medical/etc.) for the child. Time Sharing is determined as to what is in the best interest of the child. You can file a Petition to Determine Time Sharing and ask the court to grant what you are already doing (every other weekend, etc.). That way there is a set time sharing schedule and if he violates it you have the option of enforcing the final judgment in court. Please feel free to contact our office for a free 1/2 hour consultation to discuss the cost for doing a proceeding like that.