Can I file for child custody before it is born? 1 Answers as of May 19, 2011

I am now 5 months pregnant. Can I move to a different state and can I file for custody before baby is born?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Unless you are currently married, there doesn't appear to be any need for you to file for "custody" anywhere. Unless you want to get child support specifically established by the court, you can avoid any judicial proceedings unless and until the father files something asking for parental rights. Generally, you can't get child support until the father is legally found to be the father and it is very difficult to prove that before the baby is born. If you are married, you can file for divorce now, even though it may not be possible to have a final decision by a court until after the baby is born.
Answer Applies to: Colorado
Replied: 5/19/2011
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