Family Law Questions? Ask a Family Lawyer Online.
Dear JACUSTOMER - There is no legal guardianship of an unborn child and custody and guardianship will have to be determined by a court if there is a dispute over the child custody. The court will certainly listen to the mother's wishes but whatever you have from the mother for an unborn child is not legally enforceable since no one can have custody or guardianship rights to an unborn child except for the mother.
Once the child is born you can apply through the family law court for guardianship or custody and the mother can state her wishes but at this point there simply are no rights to the child.