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italiano27 · Mar 18, 2009, 06:16 AM

Hi my name is Robbie. I don't know if I am in the right category but I have a question about custody. I'm I able to file for custody of my unborn child? Reason why I ask is my child is like 3 and a half months old and my ex has no ultra sound done yet and is not taking any vitamins or anything. It seems to me she is really not caring about our baby. I want to make sure my child is healthy and has everything he or she needs. I have been hounding her to go get proof of pregnancy to get medical. I guess her doctor will not see her without some kind of medical. It took me two months to finally get her to go get that proof. If you can help me that would be great and I appreciate it very much thank you.

stevetcg · Mar 18, 2009, 06:21 AM

From your speech patterns it does not sound like you are in the US. Forgive me if I am presuming too much.

In the US, no, you cannot possibly get custody of an unborn child. You also cannot force the mother to do anything she does not want to do.

ScottGem · Mar 18, 2009, 06:31 AM

First, please look through ALL the forums before choosing where to post. I moved this to the Family Law forum since it is a legal issue.

Depending on where you live, you may be able to file, but no ruling will be made on custody until the child is born.

But you may be able force the mother into taking proper care. You will need to shop around for a lawyer interested in trying to break ground. But I do recall hearing of a similar case.

stevetcg · Mar 18, 2009, 06:36 AM

Originally Posted by ScottGem

But you may be able force the mother into taking proper care. You will need to shop around for a lawyer interested in trying to break ground. But I do recall hearing of a similar case.

Any idea where you heard that? I'd be interested in reading about it. I suspect that any case that would force a mother into caring for her unborn against her will would violate her civil rights.

ScottGem · Mar 18, 2009, 06:46 AM

Originally Posted by stevetcg

Any idea where you heard that? I'd be interested in reading about it. I suspect that any case that would force a mother into caring for her unborn against her will would violate her civil rights.

I just did some research and it appears that lower court rulings on this have been overturned by both US and Canadian Supreme courts. This all goes back to the life begins at birth/conception argument. Since the current legal doctrine is that life begins when the fetus can live on its own, the legal rights of the fetus are controlled through the mother.

Its unfortunate, but this means the father has no rights until the child is born.

cadillac59 · Mar 18, 2009, 09:40 AM

In California you CAN (YES CAN) obtain custody orders of an unborn child that would be effective upon the birth of the child. Everyone always seems to ignore that important qualification when I say this and start mindlessly yapping on and on about nobody being able to have custody of unborn children. But yes, you can get them in advance but they aren't effective until birth.

And no, you cannot control the mom's prenatal medical care or even stop her from having an abortion in the US if she wants. That's an entirely different question altogether.