I want to change 50/50 custody to me having Primary

If you both have 50/50 custody with the boyfriend having primary custody, why is the child residing wth you all the time and the father just visiting? You have had the child since Oct-2009, Nov. is not here yet. It is great that your keeping documentation on everything, if you can prove to the court that the child has been living with you, then the court should give you primary custody, the law states in most states (not all) that the parent that has the child with them in the last six months is to be awarded primary custody. If the father is not keeping the child and raising the child and has let the child reside with you, then why would he exspect the court to let him continue to be primary custody. As for child support most people are under the missasumption that 50/50 custody means no child support, and that is not always the case, nor is it the case that because a parent does not have a job that they do not have to pay child support. If the father has no job then how is he to support his child when the child is in his care? That might hurt his case as well, in a custody battle. Child support is determined by many things, and by different states, by the income of both parents, number of children, health insurance and by who if either parent pays. The court does not look at what parent works or does not work, the court looks at the best interest of the child period, and will order child support regardless of if the parent(s) work, bottom line in their eyes is Get A Job. You can also contact legal aide, they go by income and can be found in your phone book under government. I wish you the best in getting your child back.