Legal Question in Family Law in Ohio
Divorce, anullment, pregnancy issues
My daughter and her husband have been married approx. 6 weeks. He walked out on her. She is pregnant. He doesn't believe in divorce (religious reasons perhaps)but says he will be back for the baby when it is born!
She needs to file for divorce on grounds of desertion or obtain an annullment, whichever is feasible.
If she obtains either prior to the birth of the baby will this allow her sole custody as a single parent? She is sick over the thought of him taking the baby.
He is on his way home to CA, she is in Ohio.
2 Answers from Attorneys
Re: Divorce, anullment, pregnancy issues
Your daughter may file for divorce, but probably not an annulment. It may be difficult to get the divorce finalized prior to birth, but it will not change his rights or automatically make her the sole legal custodian. Practically however, she will be sole legal custodian if he is out of the state. Hope that helps. Please call me at 440.835.8200 if you need further help. If you do call, please mention Law Guru. Stephen
Re: Divorce, anullment, pregnancy issues
Whether your daughter seeks a divorce or annulment does little to change the parent/child relationship. While both parents have rights to parenting, it is the actions of the parents toward the child that counts and the ability of the parent to care for the child. It seem to me that pursuing a divorce or an annulment while waiting for the birth of a child would be extremely stressful and can be addressed after the birth of the child.
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