Will my husband have rights to our unborn child if he up and left months ago?
Question Details:
My husband and I split up 7 months ago; we married 13 months ago. We lived with his mom and then he just up and left. I am due to have a baby at the end of this month. Will he have rights to the baby if he is not at the hospital when I deliver?
Yes, if he wants to excercise his paternal rights, he might be entitled to visitation or even custody (shared or full). It is irrelevant if the father is present at the time of the birth.
Therefore, if you want to protect yourself, once the child is born, you should file for divorce and seek child custody and support.
This must be a very crazy time for you. You need to focus on you and the baby and staying healthy durng this time. Even though what your husband did was not right, he still has equal rights to the baby regardless of whether or not he is in the delivery room at the birth. Once the baby is born and things have settled donw a bit you should seek some legal help with the matter, especially for support. Good luck.