How do I assume full or sole custody?
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How do I assume full or sole custody?
The father is smoking weed an I don’t want him around my child. He does have to pay child support but he is not on her birth certificate and she does not have his last name. What legal rights do I have to keep her from him?
Asked on October 18, 2012 under Family Law, Mississippi
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
What you can do depends on the current status of any support or visitation orders.
You mention that he does have to pay child support. If he is paying child support because of a court order, then most likely that order sets out rules for visitation. You would need to file a motion with that court to have the orders modified to grant you sole custody and allow him only supervised visits because of his poor smoking habits.
If he is just paying child support on his own, and no orders have been entered which say he is dad and he is entitled to visitations, then you can simply tell him "no" the next time he asks for a visit. Until an order is in place, both parents have equal access rights to the child. The fact that he is not on the birth certificate and she does not have his name doesn't necessarily means he's not dad-- but it does mean that he would need to take you to court to have him "officially" declared "dad".
If there are orders in place and your daughter is in danger such that you don't have time to get orders modified before something bad happens, then you need to contact your local child abuse organization to report your concerns.
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