pregnant during divorce

What if I am Pregnant During a Divorce?

Divorce can be a painful and emotionally challenging process for anyone, but the situation can become even more complicated if you are pregnant. In California, if you are going through a divorce with a baby on the way, it is essential to understand how your pregnancy will impact your divorce proceedings. From support to custody arrangements, parenting plans, and paternity, you need to address many issues with your legal team if you are pregnant during divorce.

This blog post will walk you through some key considerations if you are pregnant during a divorce. We will also give you some tips and strategies on how to navigate your pregnancy and divorce proceedings with the help of a reliable California family law attorney.

How does Pregnancy Impact Divorce Proceedings in California?

When a divorce involves pregnancy, several legal issues need to be considered. One of the most significant considerations is child support. Both parents have a legal obligation to support their children, and this obligation does not change if the parents decide to divorce. However, the financial needs of a newborn can be significant, and both parents’ income will likely be an important factor in determining child support arrangements.

Custody arrangements are another issue that must be addressed. While there is no legal presumption in favor of either parent, the Court will consider the child’s best interests when making custody decisions.

Establish Paternity Early in the Process

If you are pregnant during a divorce, it is essential to establish paternity early in the process. This will ensure that parental rights and responsibilities are appropriately assigned and that the Court can issue custody, visitation, and support orders. If paternity is in question, DNA testing may be required to establish the biological father of the child.

Document all Expenses Related to Prenatal Care and Delivery

When you are pregnant during a divorce, it is essential to document all expenses related to prenatal care, delivery, and postnatal care. These expenses will be considered when calculating child support. Your California family law attorney can help you gather and organize this information to support your case.

Creating a Parenting Plan Addressing the Needs of the Newborn

A newborn’s needs are unique, and you must consider them when creating a parenting plan during a divorce. This may involve building flexibility for breastfeeding and nap schedules and accounting for additional medical care that the baby may need. A parenting plan should be as specific as possible to minimize conflicts down the road.

Temporary Orders for Support, Custody, and Healthcare During the Divorce

If you are pregnant during a divorce, it may be necessary to obtain temporary orders for support, custody, and healthcare. This can ensure that you adequately address your child’s needs during the ongoing divorce proceedings. Your attorney can help you file these orders with the Court and advocate for your interests.

Coordinating Parenting Time Schedules with the Demands of a New Parent

Finally, if you are pregnant during a divorce, it may be necessary to coordinate parenting time schedules with the demands of a new parent. This can be challenging, especially if you or your spouse also have work or school obligations. Your attorney can help you negotiate a schedule that balances the child’s needs with the practical realities of your situation.

If you are pregnant during a divorce, you need an experienced and compassionate California family law attorney on your side. Our team at the Law Offices of Judy L. Burger can guide you through every step of the legal process, ensuring your rights and interests are protected. We have helped many clients in similar situations and will work tirelessly to achieve the best possible outcome in your case. Contact us today to schedule an appointment. 

Font Resize