Filing for a Wheat Ridge divorce in Jefferson County Court while pregnant means there will be a separate set of issues that the Court will address. While some of the issues are similar to those addressed in a Colorado divorce where children are involved, others are specific to the fact that there is an unborn child in the equation. Even though the child has not yet been born, the Courts want to determine paternity, custody or allocation of parental responsibilities, and child support. It is important you know and understand your rights and the options that are available to you while filing for divorce prior to the birth of your child.
Paternity in a Lakewood Divorce
Determining paternity is a vital part of a divorce if one party is pregnant. However, permanent paternity cannot be officially determined until after the child is born. For the divorce proceedings, paternity is assumed since the couple is married. In fact, if the child is born during the marriage or within 300 days of the divorce decree being entered, then the husband is automatically assumed to be the father. If there is a question as to who the father of the unborn child is, then the court may require the parties return to court with a copy of the birth certificate after the child has been born so the divorce decree can reflect whether or not the husband was the father.
Allocation of Parental Responsibility or Child Custody of an Unborn Child in a Jefferson County Divorce
Parents must submit a parenting plan with their petition for divorce, outlining the plan for visitation and custody of the baby and how the plan is in the best interest of the child. It’s important to have an experienced family law attorney help you with your divorce if you are in this situation, as the determinations you make now can follow you throughout the child’s life. You don’t want to get stuck with a plan you are not comfortable with because you didn’t know what to expect as your child was not yet born.
Child Support and Pregnancy During Divorce
The planned custodial spouse can request child support during the divorce proceedings, but a judge will not enter an order until the child is born. Child support will be calculated at that point based on the state’s formula considering parental incomes and the child’s needs.
If you are getting a divorce prior to the birth of your child, contact the best divorce attorneys from the Pearman Law Firm at 720-259-9528 or toll free at for a free initial phone consultation.
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