Rights Of The Father Of An Unborn Child During A Divorce

Rights Of The Father Of An Unborn Child During A Divorce

Custodial matters are complicated in a divorce. What makes it even more complicated when the mother is still pregnant. In normal child custody matters, the mother and the father both are equal in the eyes of the law, and the law does not take sides. However, the situation changes a bit when the child is unborn. 

If you decide on divorce and your wife is still pregnant, it can very much limit your rights as a father. During pregnancy, the mother becomes the only person who has rights over her unborn child. Contact the divorce law firm, Coil Law, to make sure your rights as the father of your unborn child are protected after your divorce.

Custody rights of a father of an unborn child 

The law does not require the mother to establish their rights to the child. However, it is not the same for fathers. Fathers need to establish their parental rights before making any decisions or having any kind of control over their child’s life. 

There are no such laws as custody laws for an unborn child. An unborn child obviously cannot be anywhere else but the mother’s womb. Therefore, the mother has the child’s custody by default. However, the father can request child custody orders after the birth of the baby. Then again, this can be tough as there are no laws that can stop a woman from moving to a different state and taking full custody of her child after its birth. 

Rights that a father does not have

  1. Abortion.

You, as a father, cannot force or stop the mother of your unborn child from abortion. The decision is entirely left in the hands of the mother. The mother does not even need to inform the father before an abortion. 

  1. Adoption.

The mother of your child might be thinking of giving the child up for adoption after its birth. When it comes to adoption, the law requires consent from each parent. Therefore, you must hire a good divorce attorney and protect your rights within this short window of opportunity. 

  1. Medical care. 

The child’s mother can hide her medical information from anyone, including the father, if she wishes to. Therefore, you will have no access to your unborn child’s health and development status. However, you should be willing to support the mother during healthcare, such as going to appointments with her. It will help you in custodial matters after your child is born. 

  1. Witnessing birth. 

The law allows the mother to deny permission to anyone for witnessing the birth of her child. However, you can still show support to her after the birth for building your case in the long run. 

Kyle Christie

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