Divorce, Custody, and Pregnancy

BLOG

Divorce, Custody, and Pregnancy

If you are pregnant and considering a divorce, or are pregnant and no longer together with your child’s father, you may wonder if you can take any steps about custody during your pregnancy.

An unborn child is not a legal person under the law in New Jersey. Custody cannot be filed for or determined until the child is born. The short answer is you can’t actually file for custody during your pregnancy, but despite this there are some things you can do to lay the groundwork.

  • Try to talk to the father. The best case scenario for your child is two parents who are able to co-parent together cooperatively. You don’t have to be in love, but you do need to be able to communicate with each other. Obviously you have differences if you are no longer together, but if you can find a way to start cooperating with each other now, it will make the rest of your lives so much easier.
  • Keep records. Has the father ever come to a prenatal appointment? Has he bought anything for the baby? Has he been willing to discuss names with you? Fathers who are involved in pregnancies tend to be involved with their babies. Start keeping track of his involvement now so that you can show an ongoing track record to the court if there is a conflict later.
  • Create a budget. Your household expenses are going to change once your baby arrives and if you are seeking alimony or child support, you will need to provide a budget to the court as part of your case. Research how much it is really going to cost you to raise your baby.

When you need a law firm that listens and stands up for you, turn to DeTorres & DeGeorge. Make an appointment today.

Children & Divorce Guide
Rosanne S. DeTorres
Ms. DeTorres is a partner and co-founder of DeTorres & DeGeorge Family Law. She is also only one of 150 attorneys in the State of NJ that is certified by the NJ Supreme Court as a Matrimonial Law Attorney. Ms. DeTorres graduated...
Tagged with: , ,
Share on:

knowledge & insights

AI-Generated Evidence in Family Court: What If a Photo, Recording, or Message Is Fake?

AI-Generated Evidence in Family Court: What If a Photo, Recording, or Message Is Fake?

A screenshot can look real and still be fake. The same is now true for photographs, audio recordings, videos, and even long text conversations. During a difficult divorce or custody dispute, that creates a serious problem. Your spouse could present something that appears to show you making a...

September 15, 2026 Read More

What Happens When One Spouse Owns the Family Business?

What Happens When One Spouse Owns the Family Business?

A family business can make divorce much harder to sort out. The company may support the household, employ one or both spouses, or represent years of work and investment. Even if only one spouse officially owns the business, its value and income can still become part of the divorce. New...

September 10, 2026 Read More

What Happens to a Business You Started Before Marriage?

What Happens to a Business You Started Before Marriage?

If you owned a business before you got married, you may assume it stays yours entirely if you divorce. Sometimes that is true. Sometimes the answer is more complicated. New Jersey generally treats property you owned before marriage differently from property acquired during the marriage. A...

September 3, 2026 Read More

Divorce: The Answers you Need – Before, During & After

Download our eBook today!

  • This field is for validation purposes and should be left unchanged.

Newsletter

  • This field is for validation purposes and should be left unchanged.

follow us
Top