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    buckets10's Avatar
    buckets10 Posts: 1, Reputation: 1
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    #1

    Sep 12, 2007, 08:28 PM
    Unborn child and a divorce
    I just found out I was with child. The problem is I am going to be going through a divorce. I know he does not want the baby, I do. He will give me full custody with no fight. The thing is I would like him to (I am sure he would love this also) sign over prental rights of the child. The question is I have been told in Alabama you can't sign over rights to a child unless someone is willing to adopt. Also I have to be married to the person adopting. Is there any way for me to get around this? Can I just have the baby and put father unknown. Please no responses telling me this is unfair to the child. I am doing the best I can with this!
    tawnynkids's Avatar
    tawnynkids Posts: 622, Reputation: 111
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    #2

    Sep 13, 2007, 10:05 AM
    Well, yes you can just not put his name on the birth certificate however because you are married, if the child is born while you two are technically married he will be the presumed legal father.

    You really need to check with a lawyer. As in many divorces, it is asked if you are pregnant during the divorce so that child gets dealt with in the divorce.

    If the unborn baby isn't mentioned in the divorce then I assume if the baby is born after the divorce becomes final you can just leave the father blank and he can just walk away and have nothing to do with the child if he chooses.

    I don't believe there is a way to legally sever his rights without an adoption. So either you or him could possibly later file for paternity and custody/visitation rights.
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