QUESTION
Is it possible to set custody on an unborn child?
Asked on Aug 22nd, 2012 on Child Custody - Georgia
More details to this question:
I am a single mother who is expecting my first child. The father of my baby decided he wanted nothing to with my baby. Now, he is trying to get full custody. He had not asked about her since he walked out nor has he provided anything for her arrival. Does he have any rights to her? He is also in the coast guard and is trying to pull strings through the government to get her.
21 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You must hire an experienced child custody/paternity attorney who has experience dealing with the Sailors & Soldiers Civil Relief Act.
Answered on Jul 11th, 2013 at 12:19 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 22nd, 2013 at 10:19 PM
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He has rights but custody cannot be awarded until the child is born.
Answered on Aug 24th, 2012 at 2:26 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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No, nothing can be done until the child is born. By law in Ohio, you have custody of the child as an unmarried mother. He will have to file in court to try to get custody, which is highly unlikely for an infant.
Answered on Aug 24th, 2012 at 2:25 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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He does have rights and he can file an action in court. If he files you can request child support. You may want to file first.
Answered on Aug 22nd, 2012 at 9:13 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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There can be no custody action until the child is born. Thereafter, the father may seek a change in custody & support.
Answered on Aug 22nd, 2012 at 9:13 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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No. There can be no custody determined until there is a child. Once there is a child, the father will have to prove he is the father in court. Once he proves he is the father, then custody, visitation, and child support can be determined. The relevant authority is the family court in the county where you live (in Texas, the district court). There really aren't too many strings he can pull. Now take a deep breath an focus on having a healthy baby.
Answered on Aug 22nd, 2012 at 9:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He will have paternal rights if he is the father. You will need an attorney. It is very doubtful he will receive full custody unless you are somehow disqualified to care for you child.
Answered on Aug 22nd, 2012 at 1:23 PM
To get full custody in Florida, he must first prove that you are unfit. Florida law is very clear that both parents have a right to have time with the children. In addition, he should be financially responsible for the child so I highly recommend filing a petition to establish paternity, timeshare agreement, and child support once the child is born.
Answered on Aug 22nd, 2012 at 1:23 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The father of a child born out of wedlock in Florida does not have any rights in the child unless and until he files a paternity action and gets those rights established. You need to hire an attorney once the child is born, and he should be paying you child support once the child is born. Read Florida Statutes 61.13(3) to see what the court uses to make decisions regarding who will be the primary residential care parent.
Answered on Aug 22nd, 2012 at 1:22 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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In Washington state, you cannot initiate a legal action regarding parentage (i.e., custody an d financial support) until the child is born. Do so immediately thereafter. The fact that the father is in the military service will make it easier for you to collect child support and obtain medical benefits.
Answered on Aug 22nd, 2012 at 1:21 PM
Barbara A. Fontaine
I cannot imagine any state which would set custody on an unborn child. In addition, I have never known the father to get full custody of a newborn even when the parties were legally married. You should go to court after the child is born to get custody and give him some type of limited visitation until the child is older. And get child support at that hearing. The government does not interfere with child custody which is handled through the state. If he is in the Coast Guard, he will probably get money for her, which would go to you.
Answered on Aug 22nd, 2012 at 1:21 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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He will have to establish paternity and then you both will need to address custody and parenting time. Those issues are addressed after the child is born. My suggestion would be to consult an attorney so you understand exactly what legal and physical custody is as the terms are not one in the same.
Answered on Aug 22nd, 2012 at 1:20 PM
The mother of an unborn has custody. However, a paternity case can be filed for the court to establish custody, visitation and child support.
Answered on Aug 22nd, 2012 at 1:20 PM
The Father can file a Complaint for Paternity to establish custody and parenting time. In Arizona there is a presumption that joint legal custody and physical custody is in the minor child's best interest. It is very unlikely that he would be able to persuade a judge to give him sole legal custody. To do so he would have to prove that you present a substantial danger to the child. You should look online at the model parenting guides. It is most likely that he would have some visitatation supervised or for a short period of time while your child is still a baby. You should also consult with an attorney to fully understand your rights and the Father's rights. Good luck
Answered on Aug 22nd, 2012 at 1:20 PM
Leonard A. Kaanta
No, but he can only get custody by filing a paternity action with the court.
Answered on Aug 22nd, 2012 at 1:20 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Until paternity is established, you have sole custody and placement. He can't do anything until after he is determined to be the father.
Answered on Aug 22nd, 2012 at 1:19 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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As the father, he will have rights, but as the mother you have rights as well. He will need to have his rights established legally by a court if you are not married. You really should consult with and retain an attorney to assist you, especially if he is trying to get primary care of the child.
Answered on Aug 22nd, 2012 at 1:19 PM
General Practice Attorney serving Providence, RI
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Strachman Law
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Not in Rhode Island. Child must be born first.
Answered on Aug 22nd, 2012 at 1:19 PM
Steven D. Dunnings
No. First you have to establish who the father of the child is either by having yourself and the father sign an affidavit of parentage or by filing a petition for paternity in court
Answered on Aug 22nd, 2012 at 1:19 PM
The US Coast Guard has no jurisdiction over child custody matters in Georgia. The biological father of a child born out of wedlock has no custodial rights unless paternity is established and he legitimates the child. You need to consult with an attorney as soon as possible. Do not wait.
Answered on Aug 22nd, 2012 at 1:18 PM