Absent Father

[mum20202]

I recently had a baby.
I split with the baby's dad soon after I found out I was pregnant.
What rights does he have? I don't want him seeing the baby due to issues with drink and drugs.
I don't want anything financially from him.
I have a good support network around me of friends and family.
Can anyone help?

Unless he's named on the birth certificate he has no parental rights ( PR) however he can take you to court to gain access, but if you have evidence of drugs or alcohol misuse then the court may advise supervised contact ( which can be done in a centre)
He is still eligible to pay maintenance for the child even if he doesn't see him/her.

Does he want to see the child??

No he's not on the birth certificate.
Yes he says he wants to see the baby.

will he force the issue?

He's threatening to take me to court for full custody
I really don't want him having anything to do with us and just wish he'd disappear!

Your child has a right to a relationship with their father, and if he took you to court, unless there is evidence he is unsuitable to care for your child, he will be likely to get some form of contact.

@Muppetry76

Your child has a right to a relationship with their father, and if he took you to court, unless there is evidence he is unsuitable to care for your child, he will be likely to get some form of contact.

This is what I fear

Let him take it court and pay the costs for doing so. You'll get to have your say regarding contact with the drug situation, they should take that on board with a young baby.

Ignore him until you get a summons.

Oh ok if that’s the case then yes he will get contact if he takes you to court

He wont necessarily get contact if he has a serious drug and alcohol addictions, and if so he will have alot of hoops to jump through if it's just recreational use, its unlikely he wont get some contact. If you dont want him involved then I suggest you just ignore him and wait and see if he applies to the courts for help and deal with that when/if the time comes. The chances are though that if he is drug and alcohol dependent he wont part with that cash to do so!

Start proceedings to make him pay child support. That might put him off trying for custody. Have you any evidence or witness statement he takes drugs/heavy drinker? You might want to start getting evidence prepared.

There is a huge difference between wanting contact with baby and going for custody. Is there s person who you would trust with baby who could take baby to visit ex to begin with. You could monitor situation and see if he was showing responsibility or.not. keep a diary of if he turns up when he says he will or fails to show include dates and times. There are also contact centres where children meet parents but are being monitored throughout. Court generally take a dim view if Mum just refuses baby to meet Dad. I used a contact centre as I had young child with ADHD and his Dad was constantly on phone so not watching him which put child at risk whilst with him. Contact centre watched Ex with child and after 3 sessions made him hand over his phone when he arrived and take when he left as he was not interacting with child whilst he had phone. I got witness statement from them for court hearing and ex was not allowed any overnights unless his parents were also there. The court always has to act in best interest of child. Seriously make ex pay maintenance for child. If you don't want money put it in child's bank account.

OP, your ex can go to court, and be added to the birth certificate.

Then he can ask for access. While your baby is small/being breast fed, he may get an hour or two a week with you present. This is intended to allow him to build up a relationship with his child. Remember your child has a right to see her father. After a couple of years he will normally be allowed whole days and eventually overnights. He won't get full custody.

The court will take into account any convictions for drugs/drinking etc and adjust access accordingly.

Your ex is liable for child maintenance payments whether he is on the birth certificate or not. However bear in mind that if he has access and builds a relationship with your child, he can reduce the payments he must make by having your child for more overnights. So a parent who has their child 7 nights in a two week period does not need to pay maintenance. Sometimes the motivation for having more nights is to avoid making payments.

You need to consider carefully what is best for your child, and how your ex will react. You have at least 16 years to get through so this isn't a short term issue.