In California, there is nothing blocking you from getting a divorce while pregnant. Sometimes the prospect of having a baby is the thing that makes you realize that you want a divorce, and that is perfectly fine under California law. These cases may have complications that divorce without children would not have, but our attorneys can help guide you through the divorce process and help you finalize your divorce or separation. If you are seeking a divorce while pregnant in California, contact the Santa Barbara attorneys for divorce while pregnant at the Law Offices of Bamieh and De Smeth today. Our attorneys offer a free legal consultation where we can meet and discuss how to move forward with your case. For a free legal consult, call our lawyers today at (805) 643-5555.
Custody Decisions for Divorce During Pregnancy
Typically, California courts do not decide child custody issues until the child is born. This means that if you file for divorce while pregnant, you may not be able to get a child custody order for the child before they are born. However, every divorce case has a 6-month waiting period before a divorce can be finalized. This means that if you were over 3 months pregnant when you filed for divorce, it is likely that the child will be born before the divorce is finalized, and the court will be able to put a child custody order in place at the time of finalization.
One of the most important factors in a child custody case is establishing paternity or parentage. Under CA Family Code §§ 7540 and 7611, the law presumes that the mother’s spouse is the child’s natural parent if the parents were living together when the child was conceived. This presumption also extends to LGBT couples. The presumption extends 300 days beyond the end of the marriage if the marriage ends because of divorce. This means that the court will presume any child born within 300 days (approximately 10 months) after the divorce is the mother’s former spouse’s child.
If the ex-spouse is not the child’s father, it may take additional work on the father’s part to prove paternity and claim parentage over the presumed rights of the mother’s spouse. A mother is encouraged to speak up and clear up any parentage or paternity concerns before the child is born so that the child’s true parents can have the chance to claim custody. After parentage is determined and the child is born, the court can make child custody decisions. A court will typically encourage joint custody if both parents are willing and able to participate in raising the child, which could mean sharing parenting time.
