If I were to die?

Would custody of my 2 yr olf son automatically go to his dad (my ex)? We were never married but his name is listed on the birth certificate as his father. He hasn't ever paid child support and he only sees him once a month (if that) for a hour or so at a time (in my home).
If he ends up paying child support, then yes. My sister is in the same boat. Her ex is a druggy and never wants to see his daughter. He hasn't called in over 2 years. But the state will not let her future husband adopt adopt Emily (the child in question) unless my sister can prove that the father is really a dead beat. So my sister has saved bank records, phone records, day care records etc to prove that he has never payed a dime to help with her and that he has no interest in her.
My sister tells me that Texas (I don't know how it is in your state, you should check) won't leave Emily without a father. So if her future husband never wanted to adopt, then if my sister died, her ex would still get custody, no matter how horrible of a father he is.
If he pays child support I believe he would be entitled to custody.
You need to sit down with a lawyer and get all this stuff worked out - pick someone who you want your child to go to.

Get a will, and go through all of the details if you don't want to let the state decide stuff like that.


Answers:
Unless you have a Will that specifies your instructions a to whom you want to have your son, then yes, he will be given to his next of kin, which is his Dad.
By the way, you don't have to have a typed, fancy Will. You can do what is called a Holographic Will - means it is hand-written by you and witnessed by 2 people who do not stand to gain from your death and who can attest it is your handwriting.
In either event, if you have a child and specific wishes, then you need to have some type of a Will!
I think it that case they may award custody to the your next of kin or award custody to the state.

If I were you, I'd talk to a lawyer and put your wishes in writing.
Yes, your son will go to his father unless you do something. Take out child support on him so he can no longer afford to drink or eat.