How Do Courts Determine Custody of Unborn Children During a Divorce?

November 21, 2013  |  Elizabeth A. Schading

A father’s claim to custody rests marriage or a determination of paternity. Paternity is difficult to establish before a child is born. Sometimes, a court will not enter a divorce decree until the child is born.


After birth, the judge will determine custody according to the court’s understanding of what would be in the best interests of that child.
Keep in mind that the court’s preference is to help both parents maintain a relationship with their children. It’s not a bad idea for either parent to start thinking about how they might work to facilitate such a process.
A divorce that involves an unborn baby can be particularly emotional and difficult to navigate for either parent. Make sure you have a qualified family law attorney on your side. Contact Barna, Guzy, and Steffen to discuss your divorce case today.