Divorce
Q. What happens to child custody if divorcing during pregnancy?
A.
If divorcing during pregnancy, the mother automatically becomes the custodial parent at birth. The father must petition the court.
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A child born within 300 days of divorce is presumed to be the ex-husband's (Art. 772). Mother automatically becomes custodial parent at birth (Art. 819-3). Father must petition court for custody change after birth.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.
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