Check out some similar questions!

steveo0721 · Feb 12, 2009, 08:24 PM

My girlfriend just left me and she is 5 months pregnant she is saying she is going to leave state I can't let this happen I have to be their when my son is born and I have to be a big part in his life not just a part what can I do to stop her and if I want a dna test can she refuse if so what can I do

J_9 · Feb 12, 2009, 08:36 PM

Unfortunately, the child is unborn at this point, so you have no rights. After the birth you can request, and pay for, a paternity test, then go through court to establish your rights.

cadillac59 · Feb 12, 2009, 10:41 PM

You can't stop her from leaving the state and you can't stop her from having an abortion, if she decides to have one. But if you're in California, you can file an action for custody/visitation and to determine parentage that would apply once the child were born (and contingent upon the child being born, of course). You have rights, but in the prenatal stage they are somewhat limited, as I described (the rule might be otherwise if you are not in California).

cdad · Feb 13, 2009, 04:14 PM

Originally Posted by cadillac59

You can't stop her from leaving the state and you can't stop her from having an abortion, if she decides to have one. But if you're in California, you can file an action for custody/visitation and to determine parentage that would apply once the child were born (and contingent upon the child being born, of course). You have rights, but in the prenatal stage they are somewhat limited, as I described (the rule might be otherwise if you are not in California).

I would like to see the section of law that mentions this as it is new to me. Can you post it here so others of us can do the research on it and be enlightened ?

cadillac59 · Feb 13, 2009, 04:29 PM

As to my critics, I NEVER said that anyone could have custody of an unborn child. Go back and read what I said again. you can file an action for custody/visitation and to determine parentage that would apply once the child were born (and contingent upon the child being born, of course).

What part of custody applying ONCE THE CHILD IS BORN, don't you understand?

As to abortion rights and whether abortions are legal at 5 months into a pregnancy, what has THAT got to do with this OP's question or my answer??

ScottGem · Feb 13, 2009, 04:32 PM

Hmm, lets not fight here. But cites would help.

To the OP,
I would contact a local lawyer. It may be that you can get an injunction against her moving until a paternity test can be performed. In most states, it would be true that your rights are non-existant to limited before birth. But courts are being more and more open to father's rights. You might get lucky and get a progressive and sympathetic judge.

On the other hand, I don't think there's a chance you get to be there at the birth without the mother's consent. I doubt if a judge would go that far.

If you do get an injunction against her moving, the judge will order that a paternity test be done as soon as the child is born. If you are the father, then a hearing will be held where custody, visitation and support will be setup.

ScottGem · Feb 13, 2009, 04:34 PM

Originally Posted by cadillac59

As to my critics, I NEVER said that anyone could have custody of an unborn child. Go back and read what I said again. you can file an action for custody/visitation and to determine parentage that would apply once the child were born (and contingent upon the child being born, of course).

What part of custody applying ONCE THE CHILD IS BORN, don't you understand?

As to abortion rights and whether abortions are legal at 5 months into a pregnancy, what has THAT got to do with this OP's question or my answer??????

I understood what you were saying, and you are probably correct. But a cite to statute or case law would help.

cadillac59 · Feb 13, 2009, 04:50 PM

Since everyone seems to think it is a completely bizarre and unheard of concept that a father can have rights to custody of an unborn child that would apply, of course, upon the birth of the child and, as everyone wants legal authority for this, here it is:

California Family Code Section 7633:

"An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child." (Stats.1992, c. 162 (A.B.2650), para. 10, operative Jan. 1, 1994. Amended by Stats.2006, c.806 (S.B.1325), para. 4.)"

The chapter that section 7633 is referring to and in which it appears is the chapter authorizing filing actions to establish parental relationships (establishing you are the legal dad and having custody and visitation orders made).

So yes, as I said, you can establish yourself to be the father of an unborn child and obtain custody and visitation rights that will take place immediately upon the birth of your child. YES!

Don't say dads have no rights to their unborn children. They cannot stop an abortion. True. They cannot enjoin the pregnant to-be mom from moving around. But it's not true that they have no rights whatsoever.

ScottGem · Feb 13, 2009, 04:53 PM

Originally Posted by cadillac59

Since everyone seems to think it is a completely bizzare and unheard of concept that a father can have rights to custody of an unborn child that would apply, of course, upon the birth of the child and want legal authority for this, here it is:

California Family Code Section 7633:

"An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child." (Stats.1992, c. 162 (A.B.2650), para. 10, operative Jan. 1, 1994. Amended by Stats.2006, c.806 (S.B.1325), para. 4.)

The chapter that section 7633 is referring to and in which it appears is the chapter authorizing filing actions to establish parental relationships (establishing you are the legal dad and having custody and visitation orders made).

I don't think it bizarre. I think it eminently fair. Thanks for posting that.

cadillac59 · Feb 13, 2009, 05:01 PM

Originally Posted by ScottGem

I don't think it bizzare. I think it eminently fair. Thanks for posting that.

Oh, you're welcome, Scott.

I cannot speak to how other states approach this, but I wouldn't really be surprised if others had similar laws.

This is one of those --and I'll admit-- weird kinds of laws that strikes everyone as counterintuitive. But it is fair when you think about it. Why make a dad wait maybe 6-8 weeks after the birth of his kid just to be able to see the kid if the mom refuses or is kooky?

cdad · Feb 13, 2009, 06:03 PM

Originally Posted by cadillac59

Since everyone seems to think it is a completely bizzare and unheard of concept that a father can have rights to custody of an unborn child that would apply, of course, upon the birth of the child and, as everyone wants legal authority for this, here it is:

California Family Code Section 7633:

"An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child." (Stats.1992, c. 162 (A.B.2650), para. 10, operative Jan. 1, 1994. Amended by Stats.2006, c.806 (S.B.1325), para. 4.)"

The chapter that section 7633 is referring to and in which it appears is the chapter authorizing filing actions to establish parental relationships (establishing you are the legal dad and having custody and visitation orders made).

So yes, as I said, you can establish yourself to be the father of an unborn child and obtain custody and visitation rights that will take place immediately upon the birth of your child. YES!

Don't say dads have no rights to their unborn children. They cannot stop an abortion. True. They cannot enjoin the pregnant to-be mom from moving around. But it's not true that they have no rights whatsoever.

I guess in the end this is more pre-emptive to laws that are being passed in states where the mother shortly after giving birth can drop off the child without being questioned and the baby goes up for adoption. It completely removes any rights of the father. But somehow it is legal. This at least could prevent it from happening.

cadillac59 · Feb 13, 2009, 06:56 PM

Originally Posted by califdadof3

I guess in the end this is more pre-emptive to laws that are being passed in states where the mother shortly after giving birth can drop off the child without being questioned and the baby goes up for adoption. It completely removes any rights of the father. But somehow it is legal. This atleast could prevent it from happening.

An interesting question could arise in cases where, hypothetically, a California court made a pre-birth parentage determination and made pre-birth custody and visitation orders (relying on Fam. Code section 7633) but the mom left the state and gave birth elsewhere. Would such orders be enforceable in another state? We have no cases on it and the answer is unclear. The determination of parentage probably would be enforceable, but I can envision problems under the UCCJEA since the Act appears to contemplate custody orders being made post-birth. In other words, if California made pre-birth custody and visitation orders but the mom moved to Reno and gave birth to the child there, a Nevada court might find California lacking custody jurisdiction under the UCCJEA. As I said this is an interesting question and one for which we have no legal answer at the moment. Of course, if the mom gave birth to the child in California with pre-birth custody orders in place already there would be no problem at all.