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    mamabear96's Avatar
    mamabear96 Posts: 1, Reputation: 1
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    #1

    Feb 1, 2012, 02:22 PM
    The mother of my sons baby says she got full custody of their unborn baby... we live I
    My sons baby mama says she got full custody of their unborn baby. We live in ca. Is this even possible? No notice no court date no violence no restraining orders WTH.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
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    #2

    Feb 1, 2012, 02:27 PM
    Are you on the birth certificate ? Since you mention not having been to court and if your name appears nowhere then by default she has it until you move forward through the courts. You should do so right away.
    mamaof2boys's Avatar
    mamaof2boys Posts: 220, Reputation: 25
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    #3

    Feb 1, 2012, 03:01 PM
    The baby isn't born yet right? Meaning there is no birth certificate.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #4

    Feb 1, 2012, 03:07 PM
    No one has custody of an unborn child -
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #5

    Feb 1, 2012, 04:43 PM
    Judy is right until the child is born no one has custody. Your son will need to register with the state's Putative Father's Registry. Once the child is born, he will need to file in court for joint custody and visitation.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Feb 1, 2012, 04:54 PM
    Quote Originally Posted by JudyKayTee View Post
    No one has custody of an unborn child -
    Semantics.

    Although she doesn't have "custody" she has, as opposed to the father, complete decision-making authority with respect to the unborn child. Because, as dictated by SCOTUS, the fetus is considered a part of her body, and does not have rights of it's own, until birth.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #7

    Feb 1, 2012, 05:00 PM
    Quote Originally Posted by AK lawyer View Post
    Although she doesn't have "custody" she has, as opposed to the father, complete decision-making authority with respect to the unborn child.
    Good point. We don't know what this girl actually said to the possible father. Its possible she simply said (or meant) that whatever she decides to do with the child until its born is her decision. And that is the fact.

    But once the child is born, the father can apply for custody.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #8

    Feb 1, 2012, 05:37 PM
    Quote Originally Posted by AK lawyer View Post
    Semantics.

    Although she doesn't have "custody" she has, as opposed to the father, complete decision-making authority with respect to the unborn child. Because, as dictated by SCOTUS, the fetus is considered a part of her body, and does not have rights of it's own, until birth.

    I absolutely agree BUT I don't think the OP is thinking in these terms. Of course the mother has custody and control of the "baby" (or fetus or whatever anyone wants to call it) until it is born.

    I never go into these details because I don't know that people asking for custody/visitation in advance think in those terms. It is a good suggestion, though.

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