Can a Child's Legal Father Take Custody

My question involves a child custody case from the State of: Ohio. I am a married mother of a child who's father's name is on the birth certificate. I have no idea if this the correct thread for this, but it seems to fit. My problem is that our marriage is failing. We have a lot of issues, and we are not doing well. I am married to man-child. He is younger than me by 9 years. We have one child together. Our child was born in Miami, Fl, but we (our children and I) have lived here in Ohio since 2011, and my husband and I just got back together in July 2013. My fear is that he will take him from me because he is on the birth certificate. I need to know my rights, and I'm afraid that he will try to take him away from me. He is not the kind of person who should have a child, due to him having addictions. I will not say what type, but I don't think that he can take our child away without my consent. I need to know if anyone knows what my rights are and when and IF it will ever come to this. I work and I have my own apartment. I provide EVERYTHING. My husband doesn't work at all nor does he want to get a "real" job. He is thug and his history can prove it and I can get proof to prove it if I wanted to. Anyway, is there a way that he can take our child away from me just because he is on the birth certificate and not get my consent? If so, what are the recommendations for this not to happen?

The time to worry about addictions and his fitness as a parent was beforehand, but moving on...

If you're married, you have equal rights to your mutual child. He doesn't need your consent (initially) to take the child just as you don't need his consent.

What you need to do, is file in court for divorce, and request temporary custody pending a final determination.

His work history is irrelevant. If you do become the primary parent though, expect Dad to have frequent unsupervised visitation.

He has as much right to his child as you do.

Just as Dogmatique stated, file for divorce and get custody established.

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I work and I have my own apartment.

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With whom does the child live?

The child lives with both of us for now, but my husband is soon leaving and he acts as if he doesn't care for him nor wants him to be a part of his life. So, I might not have much problem. My only concern here is that he has a drug habit and I know for a fact that this is about the only thing he ever thinks about. His reason to leave is due to this mostly because he can't get it and because he has no friends here who can supply him with it. I'm going to speak to an attorney next week to find out what my rights are and what I need to do to keep him from taking off with our son.

Once again, you cannot legally stop your husband from taking your mutual child UNLESS something is filed with the court.

When it does come to custody, you're going to need solid proof that Dad's drug use is actually endangering the child if you want supervised visitation.

One quick question though: You work, yes? And Dad doesn't work?

Yes, I work full time and have full benefits (medical, dental, vision and extra life insurance). He doesn't nor does he want to. Well, not in Ohio at least, but in Miami he says he can get his friends to get him jobs where he works under the table. There are no jobs like this here. And, I have tried to get him to get a job, but he didn't even try. He didn't even know how to fill out an application. I had to sit there and tell him how to. This man is 30 years old, and I just couldn't believe that he didn't know how to do this. Anyway, there is so much more, but I will not post it on here because I really just need to consult with an attorney and tell him/her everything so I can move on with the process of moving forward with my life and with my children's lives. They are the main reason why I work and sacrifice my life for them. They are more important to me than anything on this Earth.

Here's the problem I see.

You're working - Dad's not. All things being equal, that would mean he's the primary caregiver.

What proof of drug use do you have?

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Quoting Dogmatique

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Once again, you cannot legally stop your husband from taking your mutual child UNLESS something is filed with the court.

When it does come to custody, you're going to need solid proof that Dad's drug use is actually endangering the child if you want supervised visitation.

One quick question though: You work, yes? And Dad doesn't work?

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While this isn't wrong, it gives a bit of an incorrect impression. There are all kinds of things that she could do court-wise, to stop him from taking the child with him, and there is nothing illegal in her simply keeping the child with her so that dad has no opportunity to take the child with him. Granted, since she works and dad doesn't, that might not be easy, but it wouldn't be illegal. They have equal legal rights to the child. That doesn't mean that mom has to just sit back and allow him to take the child with him.

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Quoting Dogmatique

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Here's the problem I see.

You're working - Dad's not. All things being equal, that would mean he's the primary caregiver.

What proof of drug use do you have?

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I have proof because my daughter, who is old enough to know better, and isn't a dumb child told me that she saw him and asked him what he was smoking because it smelled funny. She knows what cigarettes are because I smoke cigarettes. I confronted him, and we got in a huge argument about it. He doesn't seem to think that it's bad to do this, so my proof is his confession. I was furious when I found out he did this. He doesn't seem to think that I would get in trouble right along with him for smoking his drug in front of them or near them. There is a HUGE problem with this, and I will not lose my children to someone who has put my children in jeopardy because he is an addict. As far as I know, he hasn't done it since. My daughter has a big mouth and will tell me everything, and if she doesn't tell me she tells my mother.

None of which is proof.

And even less if she's a big mouth who just might be coached into saying something.

Then you'll have Dad look puzzled in court and say, "Oh you're talking about my clove cigarettes!".

Sooo..again, where's your proof?

@LL - I don't see it misleading at all. If anything, it's clear to a ridiculous point. But let's clarify even further.

Everything and anything Mom is able to do, also applies to Daddio.

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Quoting Dogmatique

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None of which is proof.

And even less if she's a big mouth who just might be coached into saying something.

Then you'll have Dad look puzzled in court and say, "Oh you're talking about my clove cigarettes!".

Sooo..again, where's your proof?

@LL - I don't see it misleading at all. If anything, it's clear to a ridiculous point. But let's clarify even further.

Everything and anything Mom is able to do, also applies to Daddio.

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I agree that everything and anything Mom is able to do also applies to dad.

It was this particular statement:

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Once again, you cannot legally stop your husband from taking your mutual child UNLESS something is filed with the court.

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that I felt was misleading...not intentionally misleading, but misleading nonetheless. It would not be illegal for mom to lock herself and the child in the bedroom so that dad could not take the child with him. It would not be illegal for mom to lock herself and the child in the car so that dad could not take the child with him. It would not be illegal for mom to send the child to spend the night with a relative or friend, and not tell dad which one, so that dad could not take the child with him. It would not be illegal for mom to take the child with her to work (or at least in most cases it wouldn't be) so that dad couldn't take the child with him. Mom has equal rights to the child.

I felt that the sentence indicated that if dad said that he was taking the child with him, that mom had no legal right to say no, or to take measures to prevent him from doing so.