Legal Question in Family Law in California

Custody of an unborn child cannot be granted by a court, because the unborn child is not and cannot be legally severed from its mother. Whether the guardian can take custody of the minor's unborn child after it is born will depend on whether the minor is able to provide for and care for the child. From the minor's point of view, a stronger question would be whether the minor can be emancipated and whether she is capable of being emancipated. Rather than waiting around for the relatives to seize your baby with a temporary order, go get emancipated now. File a petition for emancipation and then you will not have to dread defending yourself or being overrun by judgmental relatives who always know better.

From the parent or relative's point of view. It's not hard to show that a minor lacks judgment if they are making choices that are detrimental for themselves and for their unborn child. But consider also how much damage can be done by relatives to the family by forcing this issue. It should be considered what can be done short of involving courts and attorneys and judges. Can't the family come around the minor and, without approving irresponsibility, support the new family. Thinking through these things is often involving more issues that whether custody can be had by a court order. Courts should be a last resort in family matters. Every-time you involve the court or the government in your family affairs it is going to cause detriment. The court is the worst possible place to decide these matters and you should avoid unless there is absolutely no other choice.