text: if there is no court order or written agreement who has custody of the child? the mother of my boyfriends child agreed to let him pick the child up from her state and bring him to  texas for good. there is no court order or written agreement and now she claims she wants the child back. he went and filed for a child support on her a few weeks ago because she was saying he'd never see the child again once he came back. my question is i've heard that if there is no court order that whoever has possession of the child has custody at that time. will the courts recognize this notion. any legal aids advice please help. she has threatned to file but we believe we filed first. she had custody of the child initially because he didn't ask for it.  if he had, then there would have been a custody agreement.  it sounds like one is needed now.  probably she will have permanent custody & he will have visitation rights.  i sure hope that they can come together & provide the child with a stable and loving home environment.  the last thing any child needs is to have parents fighting over him.  or should i say, using him to get back at each other.