HI
I am pretty sure they have to wait until it is born to start the custody there is no way he can spend quality time with the child unborn but if a mother is doing harm to an unborn child I have heard of the courts taking custody of the unborn child to prevent the mother from harming it by doing drugs or something by keeping her locked up somewhere but usually the child has to be born to fight for it.
Lammy
2007-03-24 07:27:00
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answer #1
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answered by Clammy S 5
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Yes the father has rights at this point and yes he can fight for custody. If the mother can be proven unfit then he stands a good chance. If she is using drugs, or sleeping around with different guys all the time, going out clubbing several nights a week, then she might lose full custody. If the husband suspects her of drug or alcohol abuse during the pregnancy, he can force the issue and have her tested.
2007-03-24 15:50:49
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answer #2
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answered by sassynsweet1221 3
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No, the courts will only postpone any decision on custody til after the child is born for paternal reasons. Once born, unless mom is ruled unfit, she will almost always be awarded custody with dad getting state mandated visitation rights and child support. The courts just want to make sure he is the babies father before awarding anything. Best bet if you want support is to list him as the father on the birth certificate. He can state whatever he wants to at this point but this is the law and its on your side so let him try what he wants. Good luck
2007-03-24 14:31:18
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answer #3
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answered by Arthur W 7
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I think he has to wait until after the child is born, but he will have parental rights at that point. The courts are usually unwilling to take a newborn away from the mother unless she is an unfit parent, but if he can prove it he could very well end up with full custody.
2007-03-24 14:28:53
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answer #4
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answered by DazeyChain 3
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It would be kind of difficult for him to get custody of a pregnancy. He CAN however file for custody when the baby is born but he is going to have to prove that the mother is totally unfit to take care of an infant because it is VERY rare for a court to give custody of an infant to the father (especially if the mother chooses to breastfeed)
2007-03-24 14:33:46
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answer #5
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answered by Anonymous
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At birth he can try for full custody, he may in your state be able to do that now. The state is not likely to part a breastfeeding well set up woman from her child though... There are just somethings dads can't do.
2007-03-24 14:30:37
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answer #6
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answered by marymouse26 2
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There cannot be any custody decisions made until after the child is born. In most states, the divorce cannot even be finalized until after the birth.
2007-03-24 14:28:46
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answer #7
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answered by Kailey 5
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i think the mother is safe if she is
over 18
financially stable
can provide a suitable home and care for the baby
our laws typically presume that when divorcing the baby's paternity is the husband. if it's his child he could potentially get custody of the child for the normal reasons. it will be important to have paternity established at birth if it belongs to another man.
2007-03-24 14:29:29
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answer #8
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answered by Sufi 7
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At birth? He can get some sort of parental rights. Prior to birth? The child is a choice not a person.
Uhm, I wasn't talking about abortion. You are acting out. I simply said that your 'child' is not a person until it is born which is true whether you abort or not.
2007-03-24 14:27:20
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answer #9
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answered by Anonymous
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There must be legal rights. He may have a court issued an
order to prevent an abortion, if the woman is considering it.
I am not sure if DNA can be obtained prior to birth which would
prove paternity
2007-03-24 14:30:19
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answer #10
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answered by susan B 1
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