My childs father has a history of drug abuse. We are not married. How are visitation rights established in this case?

Unmarried parents often face a number of scenarios when it comes to child custody and support.  When the child’s parents are unmarried, the statutes of most states require that the mother be awarded sole physical custody unless the father takes action to be awarded custody.

In making custody decisions, the priority is on the “best interests of the child”.  The playing field generally starts out level, unless harmful facts (such as the use of illegal drugs by one parent) indicate that equal access to the child by both parents wouldn’t be in the child’s best interests.

Since you are not married to the other parent of your child, even if paternity is established and he is the biological father, this only establishes an obligation to pay child support.  It does not establish parenting rights such as custody or visitation.  A court action is required for an unmarried father to obtain parenting rights.  With his history of drug use and a criminal record, the court may not grant him custody.  However, the court may wish to set up some type of limited visitation, maybe even supervised visitation.  You should seek legal counsel from an attorney who practices family law for a thorough review of your specific case.