FAMILY LAW ARTICLES

What You Need to Know About Getting Divorced While Pregnant

If you are getting divorced while pregnant, you’re likely wondering just what to expect. Although every case is unique, a pregnancy often complicates matters considerably. Since this is a common issue in family law proceedings, the courts often abide by the following rules while working through the rest of the case.

Your Bodily Rights are Yours Alone

When you’re pregnant, your bodily rights are yours alone. The father does not have any right to control you using your unborn child as leverage. The courts will respect your autonomy despite the presence of your shared child.

So, if you’re planning on moving away, for example, then the courts cannot order you to stay just because you’re pregnant. You can move to another state or even out of the country without worrying about the court ordering you to stay put.

Custody Rights are Awarded After Birth

After you give birth, the father automatically gets custody rights. He is given the right to foster a relationship with his child at least in some way. He can fight for full or partial custody. Or he may request visitation rights if he does not have the means to care for his child even for part of the time.

The only way the father may not get custody rights is if he’s proven as a danger to the wellbeing of your child. Even if you can prove abusive actions against you, the court may just have a mediator assist with the drop-offs and pick-ups of your child.

Relocation Requests Often Get More Difficult

Since the father has a right to have a relationship with his child, moving away becomes much more difficult after giving birth. But that doesn’t mean you should move before birth either.

Even though you can move away much easier then, the court will take many things into consideration when creating custody orders. They may look at your motivations for moving away, for example, to decide how to split up the care of your child.

The situation often gets rather complicated when one party moves away. Custody will likely still get split up to best suit the child’s wellbeing. When that happens, it often results in the child having to travel long distances to spend time with each parent as ordered by the court.

Avoid Missteps with Help from Our Attorneys

When it comes to getting divorced while pregnant, there are many pitfalls to avoid. If you do not navigate this process carefully, you could harm your case – or damage your relationship with your child. So, it’s best to reach out to an experienced lawyer for a consultation before navigating this tough situation. To do that, simply call our team at 805-639-0600 to schedule your consultation appointment. We’re here to help you get through your challenges with ease and work toward a resolution that truly benefits your child.