How does a father get custody of an unborn child?

Asked over 1 year ago - Fairport, NY

My friend got a girl pregnant and she is due in May. She says that she is going to either leave before the baby is born or just not let him be a part of the childs life. He actually wants to support and be there for his child, and the mother is labeled medically psychotic. He would like to take custody of the child because he fears for the safety and well being of the child being alone with his mother. What should he do in order to make sure that she can not leave with the baby before he is born, and make sure that he actually gets to be a part of the childs life.

Attorney answers (3)

  1. Maria C. Tebano

    Contributor Level 15


    Lawyers agree


    Answered . He will have to wait until there is a live birth and then file a paternity and custody petition in Family Court. Until the child is born, he cannot compel her to stay in NY. Notably, if the child is due in May, and she leaves before that time, NY will still have jurisdiction. In the meantime, he should be very supportive with the pregnancy and offer assistance financially with the birth expenses. His efforst should be documented and he should consult a family law attorney once the child is born to assist him in this matter.

  2. Lawrence Allen Weinreich

    Contributor Level 17


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Th3 first thing he should do is register with the putative father registry. Once that is done all he can do is wait for the birth of the child. Once the child is born he can file a paternity petition in family court and either a custody of visitation petition at the same time. He should speak with a local family law attoerney to help with the steps.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
  3. Lisa Douglas


    Contributor Level 13


    Lawyer agrees

    Answered . After the child is born then he can file a paternity suit.

    I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

31,800 answers this week

3,283 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,800 answers this week

3,283 attorneys answering