QUESTION
What can we do to ensure the custody of the baby soon to be born?
Asked on Sep 17th, 2013 on Family Law - South Dakota
More details to this question:
I have a friend that her daughter is 17, married, and expecting a child. Her and her husband split up when she was 3 months along. She is due in the next couple of weeks. Since they are still married, what does she need to do to ensure that she gets custody of her child? We heard somewhere that the father, her husband, can file or even walk out of the hospital with the child legally since they are married. Is this correct? What should she do? She is just a kid and I want to make sure she and her baby are okay.
5 ANSWERS
William M Stoddard
Yes, the father has equal rights to the custody. But he would have to file a paternity action and have it proved he is? the father, which requires an order to have chord blood used to do this (at a cost of approximately $750). He is not the father until she says he is on the birth certificate or paternity is established. We know she is the mother, All kinds of witnesses saw her give birth. She will? take the child home. Now, after that happens and the fact they are dividing up their lives, well they need to get the right paperwork together, get a parenting plan adopted and such. There are consulting attorneys like myself who charge $65 an hour to educate, fill out forms and then have you get them filed properly with the court if that would interest you.
Answered on Sep 20th, 2013 at 3:35 AM
Bruce Provda
The father still has rights even if they are not married anymore. He would need to sign over parental rights and if you wanted to adopt the baby she would also have to give up her rights. Some fathers are willing to do this as it stops claims for child support.
Answered on Sep 18th, 2013 at 2:55 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She could file for divorce and ask for temporary orders regarding custody of the baby to be born. Other than that, she should file for divorce and again ask for temporary orders regarding custody. An attorney would be a great help.
Answered on Sep 18th, 2013 at 11:52 AM
Jason David Smith
Each parent has equal access to the child. If she wants primary custody, she should have a retained attorney on standby so that custody can be petitioned upon birth.
Answered on Sep 18th, 2013 at 11:41 AM
Divorce Attorney serving Sioux Falls, SD
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Christine A. Cady Attorney at Law
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The father of the child does have the same legal rights as the mother in this case as they were married at the conception of the child. I would recommend starting custody proceedings with an attorney in this matter, but without knowing further details of the case, that is all the advise that I can give.
Answered on Sep 18th, 2013 at 11:33 AM