Can a Homeless, Drug-Using Parent Get Custody

I'm pregnant in California with my first child and cannot work things out with the father no matter how hard I try.

I'm looking for information on what to expect.

I am living with my mother at the moment (renting 2 rooms), I have a stable job and health insurance for both me and the baby.

He has no stability, no job, he is living in a motorhome (sometimes on the side of the road), he is verbally abusive, he is on probation for assault, and he does hard drugs but has never been caught for that.

He is threatening everything under the sun and I want my son to have a father, but I feel at this point he has nothing to offer our child. I would like him to clean up his act but I know it's unlikely.

What can I expect? Will he have rights to overnight visits right off the bat? Do I have to give the child his name? What if I see he's on drugs, what actions can I take?

Please, any advice would be helpful.

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Quoting borntoresist

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I'm pregnant in California with my first child and cannot work things out with the father no matter how hard I try.

I'm looking for information on what to expect.

I am living with my mother at the moment (renting 2 rooms), I have a stable job and health insurance for both me and the baby.

He has no stability, no job, he is living in a motorhome (sometimes on the side of the road), he is verbally abusive, he is on probation for assault, and he does hard drugs but has never been caught for that.

He is threatening everything under the sun and I want my son to have a father, but I feel at this point he has nothing to offer our child. I would like him to clean up his act but I know it's unlikely.

What can I expect? Will he have rights to overnight visits right off the bat? Do I have to give the child his name? What if I see he's on drugs, what actions can I take?

Please, any advice would be helpful.

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Until paternity has been established, he has no rights to the child, just as you have no right to support. Until it has been established your child has no father and you can name it anything you choose.

Once it has been established however and when/if he petitions the court for visitation he will likely be granted it. With the child being so young, I doubt that a judge will order overnight or extended visitation but you have no say so in any of that once it has been established by the court.

So you're telling me, the courts are going to make my child go to someone who is on probation, who has no place to live?? They don't take that into consideration at all?

That doesn't sound right at all. I don't care about child support, I just want my kid to be happy and safe, which the father obviously can't provide.

A court will not order overnight parenting time if the court is aware that a parent cannot offer a suitable custodial environment for the child. If you were my client, I would argue for short sessions of supervised parenting time until dad gets his act together. (There's no way of being certain what a judge will do; but that's what I would argue for.)

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Quoting aaron

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A court will not order overnight parenting time if the court is aware that a parent cannot offer a suitable custodial environment for the child. If you were my client, I would argue for short sessions of supervised parenting time until dad gets his act together. (There's no way of being certain what a judge will do; but that's what I would argue for.)

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Thank you. That is what I would like to happen. If he gets his life together, then I would be very happy. I'd like him to be a suitable father and actually parent together.

Just another question - what exactly does a suitable custodial environment include?

That would be determined on a case-by-case basis.

For example many courts rule that "Supervised" visits are with court approved supervisor. (Often someone from child protective services) However not always. I am divorced and my Ex wife has supervised visits but the "supervisor" need only be someone we both (The Ex and I) agree on!

Thanks guys.

I just don't want the courts to say it's okay to have a baby living in a motorhome at a campsite or on the side of the road...but I'm sure that's pretty unlikely, right...?

Unless we're talking a holiday, or a much nicer motor home than I am picturing in my mind, it seems unlikely.

Is there a possibility his parents will get involved and either get grandparents visitation rights or use him to get visitation "for him" supervised by them?

Anything's possible.