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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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what rights does a father have to his unborn child if he leaves

Customer Question

what rights does a father have to his unborn child if he leaves and or divorces his his
before she delivers/has the child
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.
DearCustomer- A father has parental rights to his child, once born, whether he is living with the mother or not. He cannot obtain a divorce while the mother is pregnant so that is really not an issue.

Dave Kennett
Dave Kennett and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
why can't you get a divorce while the mother is pregnant
Expert:  Dave Kennett replied 7 years ago.
Because the laws will not permit pregnant women to get divorced. Once the baby is born then there is no problem. The reason is the law does not want to intentionally create an illegitimate child.

Customer: replied 7 years ago.
is the fathers parental rights affected at all if he he involved in an affair before or during the
pregnancy or while he is married
Expert:  Dave Kennett replied 7 years ago.
No, he always has his parental rights to his child. It may affect custody and vistation rulings but basic rights are not affected. If the relationship is dertermined harmful to the child there could be restrictions on visitation times etc.

Customer: replied 7 years ago.
what do you mean affect custody and visitation rulings? vs basic rights ? what if she decides to move out of
state with the child. the other party is well respected highly paid medical professional that would be a
positive influence on child and would probably parent better than mother or father. she has outstanding
reputation in the community, more so than the mother. would this have any influence on the case
Expert:  Dave Kennett replied 7 years ago.
<p>Well once the child is born the court will order that one parent will have custody and the other visitation. Generally in the case of newborns the mother will have custody, especially if she is nursing. When I say the relationship could affect custody etc I mean that if the other person has a bad record such as being a sex offender or drug user the court may limit visitation and not permit the new girlfriend to be in contact with the child.</p><p> </p><p>I'm not saying that is relevant in your case but I'm just trying to answer your question as to whether your new relationship could be affected. since I can only offer information in general terms I try to cover all the bases.</p><p> </p><p>Dave</p>

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