Judgments on child custody and visitation may be entered before birth to protect unwed fathers’ rights.
The time leading up to the birth of a new child is full of planning and preparation, from choosing a name to setting up the nursery to packing the go bag for the hospital. But have you considered the legal preparations that may need to be made to prepare for the birth of a child of unwed parents? In California, the Family Code provides for orders or judgments to be entered before a child is born, to enable their immediate effectuation after the child officially enters the world. Such orders are commonly used to assign physical and legal custody to the intended parents in the case of a surrogate birth, as well as to establish pre-birth custody to the non-biological parent in a same-sex marriage. Pre-birth orders can also be used to protect the rights of unmarried fathers. Having custody and visitation orders ready and waiting for the birth of the child can provide the following benefits to unmarried fathers:
Prompt Notification of the Birth
Without a pre-birth order, unmarried fathers may not even know when their child has been born. Having the order in place as well as all the civil communications leading up to this can help ensure good relations between the two parents and increase the chances that the father will be able to be present at the birth or shortly thereafter if desired.
Right to Participate in Medical Decisions
Unfortunately, some babies are born prematurely or with other medical issues that threaten their survival. Having legal custody (the right to make legal decisions for the child) already shared by both parents ensures that the father will be able to help make medical decisions for his newborn child. If visitation is also included in the order, the father will also have the opportunity to be present at the hospital to hold and/or at least see a baby who may not survive the weeks or months it might take to secure an order post-birth.
Early Bonding Opportunities
Another benefit of a pre-birth custody and visitation order is that it enables both parents and their families to enjoy early bonding opportunities with the baby. Forming bonds early can greatly strengthen the parent-child relationship and is generally considered to be in the best interests of the child. New moms often don’t want to part with their babies for even a moment, so having an agreement in place prior to the birth will make it easier to ensure that dad gets his allotted time with the baby with no excuses from mom. If you need help with a pre-birth order, or with a child custody or visitation agreement for a child of any age, please contact the skilled child custody attorneys at Kendall & Gkikas.
