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  • My Legal Briefcase

    I am pregnant with my first child and I have-been separated from my husband for a month. We have been married for under two years, Back in June I found out he had an affair. I am tying to understand what my rights are legally for custody. I want primary care of this child. I do not want to share custody 50/50 at this point because I don't think that would be good for a new child. I want my soon-to-be ex-husband to have access to the child. I am so confused and frightened that I am going to lose custody of my unborn child.
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    Won't happen. If you give birth, stay home with the child, especially if you nurse the
    child and don't run back to work, you will likely be considered the primary caregiver, if not the
    parent with sole custody (the next best thing).I get so many letters like yours. It's almost an
    epidemic. The moment husbands leave their wives or partners, especially, for another woman
    (or man) certain pregnant women feel so abandoned and emotionally abused that they
    automatically feel their self respect has' been totally taken away. Accordingly, it is only natural
    for them to feel this same person is going to take away their baby too. However, despite the
    Divorce Act's emphasis on the need for children to have maximum contact with both parents,
    the courts tend to favor mothers having primary care and control of infants, if not sole custody.
    Now, if a mother happens to be drug or alcohol dependent, suffering from an extreme case of
    post-partum depression or some other severe emotional disorder; then there are going to be
    exceptions where dads will get primary control of infants. Moreover, there are career-oriented
    mothers, such as certain professionals or business types, who flee back to work shortly after
    giving birth and whose ex-husbands share residential care of infants without problems. But you
    don't appear to fit into these categories, so stop worrying because it could affect your health
    and the health of your fetus.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

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