My wife is pregnant, and I am planning to leave her. Can I sue for custody while she is still pregnant? What about being present for the birth? Do I have a legal right to be there even if she does not want me there?
Child custody decisions in Texas are based on the best interests of the child. Because the child doesn’t have any specific interests until they are born, you can’t sue for custody until the birth. Likewise, you have no legal right to be present for the birth. Trying to bully your way in will only create animus between you and your wife. If you are planning to leave your wife while she is pregnant, you face an uphill custody battle. You need to find ways to invest in the child now, and work to be a good parent from day one. That means staying up with the baby and becoming an integral part of their life. You need to talk to an attorney now about the process of divorce and how to best position yourself for the demands of a child custody fight.