Family Law Blog

Custody Issues in Divorcing While Pregnant

Thursday, January 10, 2019

Many who are pregnant decide to put off a divorce, an otherwise stressful affair, until after they have given birth. However, many decide that the issue can't wait. Yet, one of the biggest concerns of pregnancy during divorce is custody. In cases of childbirth, the mother is always considered the natural parent. When married, the father is presumed to be the spouse. Even if the child is the result of another coupling, the spouse may be still counted as a parent unless evidence is presented otherwise.

However, as divorce is a torrent of emotions, there may be cases in which the child was actually conceived during a divorce. If the divorce is finalized, is that child still yours? By law, any children born after 300 days after a finalized divorce are still recognized as children born of a marriage. This means that even if you conceived a child on the day the papers were finalized, you still have the right to pursue a child custody modification after its birth. The rule was created specifically for this rare, but tricky situation so parents could still have a right to see their children.

Unfortunately, while this rule helps clear up child custody, the issue of child support is still a difficult one. It will need to be resolved as all child support issues are - in court, but only after the issue of custody is resolved. Often the parent that will spend less time with the child will need to pay child support to the primary caretaker. This can be crucial as divorce and a new baby are often very financially draining.

If you are going through a divorce and have also found out that you or your spouse is pregnant, it complicates things. However, we can help you. Contact us today to talk over your options with the Law Office of Jamra & Jamra.