Legal Question in Family Law in Utah
custody of unborn child after birth
My sons wife left him after one month of marriage to return to her ex-husband. She was pregnant before they married with my sons child. (She told him the baby was his.) Now she says he will not know this baby, will not have his name, her ex will be the babies father. My son wants this baby, if the baby is his. what can we do, she is trying to get an annulment, is this possible with a baby in the picture. Do we have a chance to have custody/equal custody. Thank you.
1 Answer from Attorneys
Re: custody of unborn child after birth
Utah law presumes the husband at the time of birth is the father. Your son must file a petition to determine paternity after the baby is born. He will also have to file for custody - which may be tough to get for an infant. Before he goes down this road, he should get some professional counseling.
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