Can I get child custody while I am still pregnant? 13 Answers as of April 26, 2011

I am 4 months pregnant. My ex boyfriend, who is in the air force, wants rights to the baby but I do not want him to. What can he do? And what do I need to do to make sure he don't get any?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
The baby's father's right cannot be terminated by you. Normally, one parent will be granted custody and it would be up to the other person to file for visitation or parenting time. Your father's baby has rights.
Answer Applies to: Oregon
Replied: 4/26/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Please consider what is best for your child. Would it be better for him/her to think his/her father did not care enough tobe involved or to know his/her father cared enough to be involved to some extent even if he is not perfect or that you don't like him any longer. Is he such a bad person, that it is better for your child to think he/she is not worth being fathered.

I'm not sure, but I don't believe you can start a parentage action before the child is born.If you want to put roadblocks up against the father, do not name him on the birth certificate. He can seek to establish paternity and gain residential time and pay support. If you disappeared, I don't know if he could find you or not. Again, consider what is best for your child. Good luck
Answer Applies to: Washington
Replied: 4/18/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Generally, if he wants to be involved in the child's life, you can't do anything to prevent that from happening. If he chooses to go to Court to legally establish the parent-child relationship the Court will spell out what rights and access he will have based on what is best for the child under the circumstances. Unless there is some reason he would be a threat to the baby (such as prior convictions for child abuse), he has a constitutional right to be involved for as long as he is willing to exercise those rights responsibly.
Answer Applies to: Colorado
Replied: 4/18/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
He has no rights until the baby is born and he establishes paternity. At that point he can ask the court for visitation. You are in a strong position and do not have too much to worry about, but there is little to do before the birth. You may want to get medical coverage from him as the father and you may want child support as well. If so, you will want to file to establish paternity and not wait for him to do it.
Answer Applies to: California
Replied: 4/18/2011
Lori C. Obenauf LLC
Lori C. Obenauf LLC | Lori C. Obenauf
Unless you are married, the natural and legal mother is the only person with custodial rights to the infant unless and until the biological father legitimates the child. Legitimation can be done administratively within one year of the child's birth or through a court process, which would require the father to file a petition and seek custody or visitation. Generally, one cannot prevent the father from establishing his paternity and legitimizing the child insofar as the child should be able to enjoy a relationship with both parents.
Answer Applies to: Georgia
Replied: 4/18/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Absent some threat to the child, he has rights to visitation, just as you have rights to support. Generally, a court is not interested in terminating rights of a parent, as it is not in the child's best interest unless there is something else going on. Stay well.
    Answer Applies to: Alabama
    Replied: 4/17/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Since you were never married, you will automatically have both sole legal and physical custody of your child. It will be up to him to establish his paternity and/or custody rights through the Family Court. If he does, he will most likely be granted some type of shared rights to the child - unless there are strong reasons why he should not be allowed to (which generally has nothing to do with what has come between the two of you). Absent such good reason, the only thing that you can do at that point is to make sure that you obtain a visitation plan that works for you. And you will most likely need an attorney for that. I hope this helps to answer your question.
    Answer Applies to: Massachusetts
    Replied: 4/17/2011
    Owings Law Firm
    Owings Law Firm | Tammy B. Gattis
    You cannot stop him. It's his child also.
    Answer Applies to: Arkansas
    Replied: 4/17/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You as the natural parent already have parental rights. There have been some recent changes in the law on terminating parental rights before birth, but I don't know if they apply here. I do know that you can seek to terminate parental rights in Probate Court. Please contact us if you wish to discuss further; we have a free initial consultation. Good luck.
    Answer Applies to: Connecticut
    Replied: 4/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can file a Petition to Establish a Parental Relationship and a motion to establish custody and visitation, but I don't believe the court will make any orders pre-birth. You say you don't want him to have any rights to this child. Why? Unless there is a very compelling reason, the court will allow him to be a parent to this child if he is the father.
    Answer Applies to: California
    Replied: 4/15/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    As the biological father, he will have some visitation and custody rights to the child. You cannot take those away from him unless he agrees to give them up. You will likely get legal custody, but he will still have some rights.
    Answer Applies to: Oregon
    Replied: 4/15/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can't get child custody of your unborn child. Whether or not the father can get any custodial or visitation rights would depend upon whether you file or he files a Paternity case, and if so, what requests are made in that case, and what facts and evidence are provided to the court for and against him having custody or visitation rights.You didn't reveal in your question your reasons why you don't want him to get any rights to your unborn child, but if you feel that you have good reasons, you should schedule an in-person consultation consultation with an experienced Family Law Attorney to determine whether or not you should file a Paternity case, and how you should respond if the father files a Paternity case.
    Answer Applies to: California
    Replied: 4/15/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Paternity and custody cannot be determined unless or until a child is born. At that point, the father would be required to commence a paternity or custody action to establish parental rights. Custody and parenting time decisoins are made by a court based on what the court believes is in the child's best interests.
    Answer Applies to: Minnesota
    Replied: 4/15/2011
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