Check out some similar questions!

skw12804 · Jan 7, 2011, 06:27 AM

My son had a one night stand and the girl is now pregnant stating it is his child. He would like to get joint custody. The mother is already telling him that he cannot go to the hospital when the child is born or even see her. I just wanted to know if a man can get joint custody of a newborn child or if there is a certain age before that can happen. He has not talked to a lawyer yet but I know he really should. I don't even know where to begin as far as getting a DNA test. The mother is now getting medicaid and she is telling my son that once it is proven the child is his he will have to pay medicaid all the money that they have paid for hospital and doctor visits. Has anyone ever been in this situation.

tickle · Jan 7, 2011, 07:01 AM

I don't see the point in joint custody of a newborn, at the moment. It isn't like he can pick up the baby and take it home for a visit, is it ?

She is making assumptions that are not proven. Yes, DNA testing will have to be accomplished to prove beyond a doubt the baby is his. And, yes, he needs a lawyer.

Tick

JudyKayTee · Jan 7, 2011, 07:24 AM

Originally Posted by skw12804

My son had a one night stand and the girl is now pregnant stating it is his child. He would like to get joint custody. The mother is already telling him that he cannot go to the hospital when the child is born or even see her. I just wanted to know if a man can get joint custody of a newborn child or if there is a certain age before that can happen. He has not talked to a lawyer yet but I know he really should. I don't even know where to begin as far as getting a DNA test. The mother is now getting medicaid and she is telling my son that once it is proven the child is his he will have to pay medicaid all the money that they have paid for hospital and doctor visits. Has anyone ever been in this situation.

Depends on the State - yes, he can get joint custody (which allows him to have input on medical treatment, schooling, religion, etc.) of a newborn but he cannot get joint PHYSICAL custody. The child will reside with the mother for a period, depending on the State.

When the child is born your son requests DNA testing through Family Court (or the Court in your State that handles these matters) - that's step number 1. If he is the father then, yes, he is responsible for a portion (or all) of the pregnancy, childbirth and after care expenses. He would be required to reimburse the State.

When he files for joint custody the mother will undoubtedly file for support.

And, yes, I've been through something similar to this in NY with a family member.

Also - yes, the mother CAN keep him out of the delivery room and possibly hospital if that is her choice.

skw12804 · Jan 7, 2011, 12:24 PM

Thank you

skw12804 · Jan 7, 2011, 12:26 PM

The reason for joint custody is so he can see the baby girl once she is born and be involved in her life. Right now the mother does not want him involved at all. Thank you for your response.

AK lawyer · Jan 7, 2011, 04:04 PM

As soon as the baby is born, he can and should immediately get

a paternity test; and
if the test indicates that he is the father, a child custody (and support) order
a custody/visitation order is important for several reasons:
without it,
- visitation, and other decisions affecting the child is at the whim of the mother
- the mother would otherwise be free to and move away with the baby.

ScottGem · Jan 7, 2011, 04:34 PM

There are two types of custody, legal and physical. Legal custody declares that your son is the child's legal father and had rights to have a say in her rearing. Physical custody means that your son will have the right to visit with the child and spend time with the child. A new born will generally not be allowed out of the mother's presence. But as the child gets older the courts will allow him more time.

But he needs to file for legal custody as soon as the child is born.