EAK asked:


My daughter is almost 6 months old. Her father and I have never married and now are no longer together. He is a drug addict and I want to know what my rights are as her mother. Will full/sole custody default to me since I am her mother and she has been living with me from day one? I’m a bit scared that he will try to get some sort of visitation rights and I’m not comfortable with that because of his drug addiction. Can anyone tell me what my rights are?

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5 Responses to “what are my child custody rights as an unmarried mother?”

1. Sunshine on September 11th, 2009 1:40 am

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   You just said it all! No one would ever grant him custody of the baby with his drug addiction. Take the baby and don’t worry about him! You are protecting your baby and taking care of him!

2. tidow08 on September 11th, 2009 2:07 am

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   You have the sole right to protect your child even if it means keeping her drug addicted father at a distance. There’s no court in the country that will order you to allow a drug addict into your daughter’s life. The truth is…you have no worries in the matter because the facts will prove him to be unfit to take part in your daughters life. To gain visitation rights he will have a lot of work to do with himself before any court would ever recognize his wishes and wants. I suggest you pay more attention to you and your daughter’s happiness and contentment because that worry lays more on him then you!! GOODLUCK!!

3. host758 on September 14th, 2009 11:35 am

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   Well when possible the courts like the father to have visitation rights. but as you say if he is a drug addicts the courts will look down on that and at best only give him supervised visits-due to his additions.
   As long as you have a stable place to live and you have the support you need the courts will always look in your favour..
   as long as you tell the truth to them and have some kind of evidents that he is a frequent drug user, i doubt he will get any rights at all.
   Don’t worry about it at all.
   With the supervised visits that would be the best for you, i think because you don’t want to take a father away from such a small child so that they end up hating you for it..
   It will all work out in the end

   Hope i have been some help.

4. Jaded on September 17th, 2009 2:02 pm

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   What i can tell you is that since you dont have a court order stating that you have sole custody, he as the father, has the right to visit. If you are uncomfortable with that because of his addiction, then you need to seek sole custody through the court. When you do that, you can set the rules of visitation, etc., until then he has a right as the father to see your daughter as often as he likes. Also, you can tell him how you feel, tell him he can see his daughter but at your home because you are uncomfortable with his addiction. Talking to him would work better than refusing to let him see her, that could get ugly and you dont want to drag your daughter in the middle of that.

5. Littlepretty1 on September 20th, 2009 12:29 pm

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   Did you list his name as the father at time of birth. If not he has no rights. If he is listed, with his previous record I doubt any court would give him visitation rights.
   Is he paying child support, if so then he could seek a court ordered visitation.

   If he has not been around since she was born, then tell the court that if he does try to get visitation.

   LiL1