Thank you all very much. It wasn't an easy decision to make. But I know it is for the best. He also has partial custody of his twin boys. (they are 7) I contacted their mom today, and told her. I wanted her to make sure they knew what to do if they cant wake him up. I love those boys too. I hurt for what they have to see.
Legally I think I am ok for now. I never filed anything with the state. (Child support or anything, and he does give me almost what the court would order, minus medical) So since we were unmarried I retain sole custody until the courts get involved.
So at this point I will keep detailed records, in case he does decide to go to court. But I really don't think he has the cognitive ability right now to get that process going anyway. Sigh.
Thanks again, everyone. Addiction is crappy. I live in a small rural city with a huge heroin problem. But I never thought it would affect me so personally (not sure if he has crossed that line or not, from pills to heroin). I know many children that have been orphaned by this epidemic. (Either thru death or imprisonment or just on the streets) They are going to be building a methadone clinic here now. (Currently people must travel an hour away for it) Not sure if this will help, or make it worse.