Divorce and Pregnancy

If you are considering divorce and you or your spouse is pregnant, you may wonder how the pregnancy will impact the divorce. Pregnancy does not prevent you from getting a divorce. Because the child is not yet born, the court does not have jurisdiction over the baby to decide custody. It is possible for you and your spouse to work out a parenting plan that you can submit to the court and implement once your baby is born. In most situations, the court will not get involved in making a custody or parenting time determination until the child is born. If there is some question about paternity, this can be established during the pregnancy, however, children born into a marriage are automatically the legal child of both spouses so there is likely no need for a paternity determination in your divorce.

While you may not be able to obtain a custody determination, there are things you can do to position yourself for a favorable ruling. A pregnant woman can plan on breastfeeding, which will almost guarantee significant parenting time for her. A stay at home parent can have advantages over a working parent, so if either parent plans to stay at home this can impact the parenting time ruling. Whether you are the parent giving birth or not, you can baby proof your home, set up a room or space for the child, take parenting classes, choose a pediatrician, and try to maintain a cordial relationship with the other parent to demonstrate your reasonableness and ability to co-parent.

Arizona law does not allow a court to restrict a pregnant woman from relocating during the pregnancy, so if you are pregnant and want to move, now is the time to do it. If you wait until after the baby is born, a relocation hearing could result.

Call the Sampair Group for advice about pregnancy and divorce in the Glendale, Mesa, and Phoenix areas of Arizona. Our attorneys offer compassionate and careful advice. Call us today.