Will my husband have rights to our unborn child if he up and left months ago?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will my husband have rights to our unborn child if he up and left months ago?

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?

Asked on March 8, 2012 under Family Law, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

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. 

 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption