Legal Question in Family Law in Montana
My husband wants a divorce. We live in Montana. I am 37 weeks pregnant.I am from Seattle and have no family or friends here to stay with. My husband knew when we got married that my mother is hay and has since told me to choose between him or her that he does not want our child around her at all. He says that I can move back to Seattle to stay with family. He wants me to leave before the baby is born and he is willing to sign over legal parental rights. Is all this possible or is it a trap by him if I leave will it look bad for me
1 Answer from Attorneys
It is not only possible, it is not uncommon. A lot of biological fathers are simply not mature enough to take preventive measures against contraception and then are not ready to accept responsibility for that failure.
His outrageous ultimatum seems to be his way of forcing you to make a decision based on his homophobia. If he were a reasonable person, he would have discussed his homophobia before you married and certainly before conceived so you could have made this decision before it became blackmail.
Technically, a parent cannot voluntarily terminate parental rights to a child, partly because the state will not allow a parent to abdicate responsibility and possibly leave the child a "ward of the state."
I suggest you first decide your ultimate goal -- what do I want the rest of my life to look like? Remain with husband and be isolated from mother/grandmother? Leave him in favor of a more supportive network?
Parents cannot relinquish parental rights and responsibilities unless the court allows it (rarely if ever). However, you can move the court for a parenting order that recognizes father's preference to relinquish the child rather than address his homophobia, gives you sole custody of the child based on father's choice, and outlines each parent's financial responsibility to the child.
If you remarry, and if your husband wants to adopt your child as his own, then the court could terminate the father's rights and end any financial responsibility. It will not "look bad" for you. You're taking the cards husband dealt, choosing route that leads to the best outcome for you and especially the child, and taking action on your decision.