What are my legal rights over a newborn? 4 Answers as of May 19, 2011

My wife is pregnant and it wasn’t planned. Instead of considering abortion she wants to wait until the baby is born and look at getting it adopted by a family. I do not want this to happen and I would rather raise it myself if she didn’t want it. We are still talking about our options but if things turn bad, what are my legal rights to make sure that child stays with me and I get a divorce from my wife if it comes down to it? The most important thing to me is that the child is being looked after and in my custody. Any help on this matter would be much appreciated.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You have joint legal rights to the child. hire a family law attorney and go to court for court orders for custody.
Answer Applies to: California
Replied: 5/19/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your consent would be required for your child to be adopted, so of course, you should refuse to consent to an adoption. If your wife doesn't want the child, and you choose to separate, take the baby with you, and file for Divorce, under the circumstances you address in your inquiry, you should seek and likely will receive custody of the child, and possibly child support. You would best retain the services of an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 5/18/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
If you are married, then you are the legal father of the child from the day it is born. If she doesn't want the child, then you can seek custody and visitation orders granting you sole legal and physical custody with no visitation. She cannot give up the child for adoption without your consent. That said, I would figure out her position on this before the child is born and have a petition filed and ready to serve on her if she tries to give up If you are in my area and need the assistance of an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/18/2011
Hale Law Group
Hale Law Group | Joshua D. Hale
Your rights are very strong. You should not give up your child if you do not want to. If you need help, please call at your convenience.
Answer Applies to: California
Replied: 5/18/2011
Click to View More Answers: