Legal Question in Family Law in Florida

Re: divorcing pregnant wife when can i file for custody?

The judge should not allow the divorce to be finalized, until after the baby is born (as the baby brings several more issues (parental responsibility, parenting plan, time sharing, child support).

If you are married to her when the baby is born, you will have to be listed on the birth certificate as the father.

You should not want to get divorced until after the baby is born anyway. If she were to be married to someone else when the baby was born, he would be legally presumed the father (even if everyone knew he was not) and if they wanted to raise your child as his, you would have no legal basis to challenge it.

Hospital policy, more than law, will determine whether you are there for the birth. I suppose you could obtain a court order requiring her to disclose what hospital she will use, but I doubt a judge is going to force her to allow you into the delivery room, over her objection.

Once the baby is born, you can raise the issue of time sharing (the words/concepts of custody and visitation no longer exist in our law).

I don't think it would be a good idea to remove or keep away a days old infant, from his or her nursing mother. Probably should wait a while on forcing that issue, though you can still file and have the motion pending.

Remember to make regular monthly, child support payments to her, according to the statutory guidelines, as soon as the child is born. Should she end up with the majority of the time sharing (overnights of the child), you won't be on the hook for a huge amount of retroactive support.

Mark Hanks

Attorney Hanks, PA

St. Petersburg, FL