Can I get sole custody of my unborn child? 9 Answers as of June 17, 2015

I am 7 months pregnant. My child's father is an alcoholic and drug addict, and I do not want him impacting her life that way. I am more than likely going to get custody, and I want to make sure that I get sole custody before my baby is born. He does not want to go to court, but I want to get this settled now.

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Law Office of Martin A. Kahan | Martin A. Kahan
Assuming you are not married, you need to file a paternity action when the child is born and request custody and visitation orders.
Answer Applies to: California
Replied: 6/17/2015
Walpole Law | Robert J. Walpole
There is no provision in the law to award custody to an unborn child. The good news is that the law presumes you to be the sole legal custodian of a child born out of wedlock because there is no legal basis at this time to say or determine who the biological father is. The determination of paternity will give rights and responsibilities to the man who is determined to be the father. Retain an attorney so that this can be determined at the first possible time. Secondly, do not allow the child to go with him prior to entry of a court order. It will cost you time, money and anxiety if he absconds with the child. Good luck.
Answer Applies to: Oklahoma
Replied: 6/16/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
A custody proceeding can not be finalized until the child is born; although a written agreement can be worked out before the birth; you may want to finalize it and have a Court Order entered based upon it after the child is born.
Answer Applies to: New York
Replied: 6/15/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
A paternity/child custody action can be brought prior to the birth of the child. However, both issues may be held in abeyance pending the child being born. It sounds as if you may have grounds for sole parental responsibility. Just so you know, with regard to a child born out of wedlock, custody is with the mother until further order of the Court.
Answer Applies to: Florida
Replied: 6/15/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Only Mom can have custody of an unborn child.
Answer Applies to: California
Replied: 6/15/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should file and serve pleadings with a hearing date a safe distance to be certain that the child is born before the hearing date. The court will have jurisdiction over parenting at that time. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 6/15/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    Nothing can be done before the baby is born.
    Answer Applies to: New York
    Replied: 6/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    For technical reasons, most courts will not rule on custody or placement of an unborn child. Consult an experienced family law attorney: he or she may suggest that you prepare all the papers, and notify the lawyer when you give birth. Then the lawyer will file the petition promptly. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/15/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    When the child is born, you have sole legal custody unless or until a Judge says otherwise. Him signing a paternity acknowledgment does give him some rights so be careful doing so without legal representation.
    Answer Applies to: Wisconsin
    Replied: 6/15/2015
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