Legal Question in Family Law in Florida

My fianc� and his childs mother have a 14 year old son. The son has always remained with the mother, and we see him on Holidays and in the Summer. No sort of custody was ever established through courts, it was just assumed a custodial and non-custodial through Child Support. Now we are trying to have the son stay in our residence in a different city as the child mother is back on drugs and in rehab for the 3rd time in 5 years. My question is this: Since there was no 'custody' ever on paper through the courts, are we filing to establish a parenting plan, or should we file to modify the parenting plan that has been acted out for 14 years. I need to choose one of the following packets to file through Palm Beach County and I need help:

SUPPLEMENTAL PETITION TO MODIFY PARENTING PLAN/ PACKET #10

TIME�SHARING SCHEDULE AND OTHER RELIEF $20.00

This form should be used when you are asking the court to change the current

parental responsibility, visitation, and/or Parenting Plan/time-sharing schedule.

OR

PETITION TO DETERMINE PATERNITY AND FOR RELATED PACKET #6

RELIEF $20.00

This form should be used by a birth mother or father to ask the court to establish

paternity, a time-sharing schedule, and/or child support of a minor child or

children. This means that you are trying to legally establish who is the father of

the child(ren).

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