Q: What about when the child isnt born yet but the mother doesnt want the father to have anything to do with it?
What steps should the father take if his intention is to be present in the childs life.
A: Until the child is born (and survives), there are no actions that a father can take. When the child is born, the father can file a custody motion in the state the child is born and/or resides from birth or 6 months (whichever is earlier). A paternity motion may also need to be filed. Also make note, a father cannot prevent the mother from leaving the state, aborting, and potentially legally abandoning the baby (in a state where safe harbor abandonment is allowed).
A: The father can technically file a paternity case of an unborn child and have the mother served before the child is born. If mother has the child in CO, then the case will proceed, once the child is born, with paternity establishment, custody, child support, etc. Keep in mind that if the mother elects to move while she is still pregnant, meaning out of state, and the child is born in another state, CO would no longer have jurisdiction to deal with custody issues unless the mother moves back after the child is born. There is nothing the father can do to prevent the child from leaving CO while she is pregnant.
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