Unborn Child Custody Laws in California

Family law and divorce matters often present legally complicated and emotionally difficult issues. One particularly challenging area deals with custody issues when a couple divorces or separates during a pregnancy. The soon-to-be parents might have different views on how legal and physical custody should be handled after the baby is born, and they might want the judge to make a ruling before the birth even occurs. This raises complex questions for California courts. Below we look at how California child custody laws address unborn children, along with related questions that arise before and after birth. For help with child custody and other family law matters in Los Angeles or the San Gabriel Valley, contact Blasser Law to speak with a team of compassionate and experienced Claremont family law attorneys.

The Legal Status of an Unborn Child

California law does not recognize an unborn child as a separate entity with independent rights until birth. This legal standpoint significantly influences how custody issues are handled before the child is born. Therefore, custody decisions or discussions about unborn children are generally not actionable in court until after the child’s birth.

Custody Considerations After Birth

Once the child is born, California law allows for custody considerations to be addressed. These decisions are based on the best interests of the child, a standard that guides all custody deliberations. Factors considered include the health, safety, and welfare of the child, the nature of the relationship with each parent, and, in some cases, the child’s preference depending on their age and maturity.

Rights of Fathers Before Birth

Despite the unborn child not having independent legal rights, expectant fathers have specific rights and responsibilities. A father’s rights regarding decisions made during the pregnancy can be limited, but establishing paternity even before the child is born – such as through a noninvasive prenatal paternity test – may be crucial. Fathers wishing to assert custody rights after the birth should engage in the paternity establishment process by either signing a voluntary declaration of paternity at the hospital or through court action.

Prenatal Care and Support

California law mandates that both parents contribute to the well-being of their unborn child. This includes financial responsibilities for prenatal care and related medical expenses. The courts can order this support to ensure that the pregnancy proceeds healthily, which indirectly contributes to preparing for the child’s needs after birth.

Domestic Violence and Custody

In situations involving domestic violence, California courts take any history of abuse into account when making custody determinations after the child’s birth. Protection orders and restraining orders can be issued to safeguard the health of the pregnant parent, which by extension, protects the unborn child. These considerations are critical in custody arrangements post-birth as well.

Custody Agreements and Pre-Birth Planning

While courts do not issue custody orders for unborn children, expectant parents can work on drafting parenting plans or custody agreements during the pregnancy. These agreements can outline proposed arrangements for after the child’s birth, including parenting time, health care decisions, and schooling. Although not legally binding until the child is born, these plans can expedite the legal process and reduce conflicts after birth.

Contact Blasser Law for Help With Child Custody Matters in Claremont and Southern California

Given the sensitive nature of custody issues and the complexities surrounding unborn children, seeking quality legal counsel is advisable. An experienced family law attorney can provide guidance tailored to the specific circumstances of expectant parents, ensuring that both the parent’s rights and the future child’s best interests are considered.

For help with child custody matters during divorce, separation, or at any time, call Blasser Law in Claremont at 877-927-2181, protecting the legal rights and welfare of individuals and families throughout Los Angeles and the San Gabriel Valley.