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

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    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

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    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.

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  3. Lisa Douglas

    Pro

    Contributor Level 13

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    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

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