Legal Question in Family Law in California

Would having a pregnant girlfriend effect a father's custody battle in his divorce from his ex-wife with whom he has one child and been living apart from for a year?


Asked on 7/28/10, 9:47 am

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

Not whilst she is pregnant, but once she has the child, and you are established as the father (via a paternity test or admission), you would then have multiple children, obviously, and the needs of all children are considered when establishing support payments. As to custody, the court will consider the needs of the child from your prior marriage. Whether you or your wife gets primary custody or you share custody, is dependent more upon your ability to provide safe and healthy environment. It does not depend upon your respective earning power nor whether other children are involved. There would usually not be a moral issue regarding whether or not you have other children within or without wedlock.

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Answered on 8/02/10, 1:11 pm


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