Almost all divorces are complicated but some are more so than others. When a woman is pregnant during a divorce, some states do not allow the couple to get legally divorced until after the child is born. This is not the case in California. If you need information on how divorcing while pregnant works, read on or contact Kendall Gkikas & Mitchell at 909-482-1422 for a legal consultation.
The issue of custody if parents divorce while pregnant
One of the biggest issues couples will worry about in this situation is who will have custody of the child. The mother is of course legally the child’s parent and if the parents are still married when the child is born, then the child is legally the child of the husband. If the baby is born after the divorce is final, then it may seem on the surface that things will get complicated but not always.
The same law that gives the husband automatic paternity if a child is born by his wife during their marriage gives him automatic paternity if his former spouse has a child within 300 days of their divorce being finalized. This is around ten months and should cover most pregnancies, even if the child was conceived the day the parents were divorced.
The parents may have to go back to court after the child is born
California law does not allow for parents to make custody arrangements before the child is born. As a result, the parents may have to go back to the court to get child custody orders in place. Likewise, issues of child support cannot be resolved until the child is born. This makes perfect sense when you consider that the custody arrangement will have a large impact on child support. For example, if one parent has visitation of their child but no custody, then they will pay more in child support than a parent who has 50% child custody.
What happens if the parents don’t agree on custody or support
The goal would be for you and your spouse to find a way to agree on who will get custody of your child, how much child support will be paid, and other serious decisions. However, this is often not the case. Instead, the case must go to court where a family law judge will decide these issues. The good news is that their goal is to find what is best for the child. The bad news is that other than hiring the right attorney and ensuring your side of the story is told, there is not a lot you can do.
If you are married and pregnant, and are considering leaving your spouse, then now is the time to contact an attorney. You can reach out to Kendall Gkikas & Mitchell at 909-482-1422 for a 100% confidential legal consultation. You do not have to move forward with the divorce but talking to an attorney who can answer your questions will help you make the most informed decision.
