Pre-Birth Custody and Visitation Orders

Under California’s Uniform Parentage Act (UPA), unwed parents have essentially the same custody and visitation rights as married parents.  These are frequently referred to as “paternity” cases.

However, in 2006, the California legislaPregnantture amended Family Code Section 7633 to also authorize the entry of pre-birth orders and judgments, with the provision that enforcement of any such order or judgment must be stayed (postponed) until after the child or children are born. This allows parents to “think ahead” proactively about their new child rather than simply reacting to circumstances later.

Such pre-birth orders can help with many things, such as keeping the peace in the hospital when the baby is born and providing a plan for the baby’s care on release from the hospital, ensuring that both parents have a chance to hold and bond with their child(ren).

Julie Brock with the California Continuing Education of the Bar (CEB) recently published an article on this issue, which is expanded upon in the CEB’s new book for 2014, California Child Custody Litigation and Practice.

For more information about paternity cases or child custody and visitation, or if you want more information about other California family law and divorce issues, please contact attorney Gary D. Sparks at (925) 465-2500 or (707) 398-6008.  You may also contact us directly through our website by clicking on the “Contact Us” links and buttons to the right of this article.