I need to know if my ex-boyfriend who is the father to my one year old son is entitled to custody considering he has never paid any thing for our son?

He is entitled to some custody. Money does not have anything to do with it. He likely will be awarded anything from weekends to every other week.

Forget that fact that you two aren't married and are separated. You are each a parent and have the same rights. If you do not agree on terms then a court will have to make a ruling, just like a divorce.

If he sues for custody they are going to ask why he wasn't paying child support, and try to work out custody and support issues in the best interests of the child. You may be in for a bit of a battle. Yes, as the father he has rights and responsibilities, and can assert those rights. The vast majority of cases end up with joint custody with one parent having primary residence and the other having visitation and paying support... unless one parent is proven unfit etc.

You may want to start looking for an attorney if you think he's going to sue, or even sue him first for child support.

What makes a person unfit?

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Originally Posted by nobear

What makes a person unfit?

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Drug addiction, a history of violence, proven neglect... it varies but must be serious for most courts to disallow visitation completely. Usually they award supervised visitation at least.

Drug addiction alone will not constitute grounds for losing custody. Conviction for purchasse or selling illegal drugs would. Think of the letter of the law, smoking cigarettes is a drug addiction for most people who smoke. History of violence is also way too vague. Conviction for repeated battery is less vague.