Meridian, ID asked in Family Law for Idaho

Q: I am about 14 weeks pregnant. Can the father take me to court when the baby isn’t born yet?

We share custody of a 3 year old already and he wanted me and still wants me to get an abortion I refuse. He left me because I wouldn’t do it. He said I either get it and he stays or I don’t and he goes and I will have to pay him child support since I make more money and he wants in the baby’s life but he wants me to abort it. So what are my options? We have 50/50 custody right now and I have primary custody of my first born who has a different dad. Anyways if the baby isn’t born yet can he get any type of custody?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Nope. He is nothing but a sperm donor at this point and can pack sand. When the baby is born he has a choice to make. He can either step up and declare his paternity to the child and immediately assume paying child support, or he can do nothing, have you let authorities know who the father is and the Idaho Dept. of Health and Welfare, Children's Services, will contact him and let him know that they have started a case and he needs to begin paying child support. At some point he may demand a blood test to determine his paternity, but he'll pay for it and you don't need to do anything. Further, even if his paternity to the child is assumed by him voluntarily or involuntarily, ALL THAT means is that the State of Idaho's policy of having parents support their children is being met, it has NOTHING to do with custody. In other words, parenthood has 2 parts: rights (visitation etc.) and responsibilities (child support, health insurance) and if he's a bully, and it certainly sounds like he is, he'll tell you that because he's paying CS that he has "rights" to see his child. He is WRONG! The ONLY way that this scum bag gets rights to this child is if he goes to court and convinces a magistrate judge that he is a fit father that deserves to visit his child. Good luck to you!

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