Can an mentally unstable father get visitation rights?

The father of the child in question is in and out of rehab all the time. He is abusive, addicted to all drugs, including the ones he is on for bi-polar disorder, and manic depression. He abuses the medication that is supposed to help him. He attemps suicide to get medication and a place to live, rehab. He has threatened the childs mother with going to court to get visitation rights. since he is so unstable and unpredictable, the mother wants him out of the childs life. By the way the child is only two and a half years old. Can the fathers visitation be prohibited? Paternity was never established in this instance, the mother wont concent to any type of paternity testing. So can he do anything with out proving to the court that he is the father? The mother also wants to take the fathers name off of the birth certificate. How can she do this? Thank you,
Heather [email protected]

Given what you have said about the father, I don't see that any court would give primary custody to him. As to any visitation he may be awarded, I am sure it would be supervised visitation as a result of his lifestyle and medical/psychological problems. Regarding the paternity issue, each state has their own laws on this matter. However, the bottom line is that unless the father challenges the paternity within a specified time, then he is forever presumed to be the father. Therefore, he may be responsible for all child support at this time. However, the mother will have to go to court to have a judge determine that issue, as well as the visitation issue. OK?

------------------
Mark B. Replogle