How do I assume full or sole custody?

UPDATED: Oct 18, 2012

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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


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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