Divorce during Pregnancy: How Custody Is Determined


Divorces tend to be complicated and messy even if both parties have the best of intentions. This can get even more complicated when child custody enters the picture--especially if the wife is pregnant at the time of the divorce. If you're wondering how to deal with this situation, Divorce Attorneys San Jose CA, has some advice and information below. Read on for some answers!

1. Custody Depends on Parental Capability

If you're considering a custody battle for the baby, it's important to know that it's likely both parents will be granted custody rights--unless the divorce was because of an abusive or violent incident or relationship. This means that even if the divorce itself is based on irreconcilable differences between the 2 parties, the court will still consider custody based on parenting abilities, not the dynamics of the relationship.

2. Be Aware of Complications

While shared custody of children can be clear on the rules for the parents--for example, one parent not moving so far away that the other cannot easily visit their children--they become murkier when the child in question is not yet born. Can the pregnant mother move to another state? Is she allowed to put her name on the birth certificate? Know ahead of time what needs to be discussed and make sure you address any possible complications.

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