Q: My husband and I are getting divorced. Can he get custody of a child that has not been born if he does not sign the BC?
We have a two year old that he willingly signed the birth certificate to. I know we will have a custody set in place for her. He does not wish to sign the birth certificate of our second child who is due to be born in June. If we get divorced before the baby is born will he still have custodial rights? If he does not sign the birth certificate, because he has already expressed to me that he does not want to, will he have custodial rights to the child if we are not yet divorced? I do not want him to have any legal rights to our son because I'm afraid he will mentally abuse him by the way that he is acting. There is a lot going on behind the scenes. He is already considered a violent drug abuser by the court system, which is why we are getting divorced. My children would not be in the best of care with him, especially my son, who he claims is not his.
A: These are all issues that will be addressed at your divorce trial. You can't "unmake" him the father of the current or expected child. It is a matter for trial of the divorce.
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