Can I Seek Divorce While Pregnant in Oklahoma?Putnam Law Office
Seeking an Oklahoma divorce is complicated enough but seeking a divorce during an unexpected pregnancy can come with a whole host of legal issues and obstacles. Many of these legal challenges revolve around child custody, paternity testing, and parental rights. If you ever have any questions, be sure to talk to an Oklahoma Family Lawyer for guidance.
Seeking an Oklahoma Divorce While Pregnant
The potential outcomes of seeking a divorce while pregnant depend on the context of the pregnancy. For example, a spouse who was pregnant by another man during or before the marriage could allow the other spouse to seek divorce under the Oklahoma grounds for divorce for fault-based grounds. This means the pregnant spouse could face divorce for reasons of adultery or pregnancy by another man before the marriage.
However, if you became unexpectedly pregnant after already starting the divorce process, other legal complexities will need to be considered like which parent has the right to raise the child. This becomes a decision that can be settled by you and your spouse in mediation or court if you cannot reach an agreement. Going to court means the judge will decide which parent has the capability and legal right to raise the child.
What this process comes down to is a decision between one of two options of Oklahoma full child custody or joint child custody. This could mean both of you can raise the child after birth or only one of you can. Deciding this may depend on various factors associated with parenting ability like parenting skills and the ability to raise the child in a safe environment. The family court will likely assess you and your spouse’s history of factors that could affect parenting skills like:
- Criminal history
- Substance abuse
- Physical abuse or domestic violence
- Mental health
- Physical health
Complexities of Establishing Child Custody in Oklahoma
One legal complexity that can come with divorces involving children or soon-to-be-born children is the establishment of paternity in Oklahoma. Paternity will not affect the decision regarding child custody or visitation rights in Oklahoma, but paternity will help the child gain benefits that could be lost without knowing who the biological father is. These benefits range from social security benefits to insurance benefits.
Paternity can be established with hospital Acknowledgment of Paternity forms that should be signed during the birth of the child or, if not this option, with DNA test. In the State of Oklahoma, the mother is assumed to have full custody of the child she is pregnant with if the pregnancy and birth happened outside of marriage.
However, things can be complicated when the male spouse claims to be the father or the pregnancy happened during the marriage, but the mother claims this was done by a different man. This is when talking with an experienced lawyer can be helpful.
Divorce Lawyer in Oklahoma
Navigating the complex maze of laws surrounding pregnancy and divorce can make your head spin. Try reaching out to an Oklahoma Divorce Attorney if you have any questions about this or find yourself lost in the process. Call the Putnam Law Office today at (405)-849-9149 for a consultation. Mr. Putnam is an Oklahoma City, OK attorney who is dedicated to his clients.