Pregnancy is a sensitive and tough period for females. It’s certainly the toughest period for the woman going through divorce process. You may not be able to find good support in underdeveloped countries, but Canada is full of support groups to help pregnant women fight for their right.
During pregnancy, everything goes normally, except for the fact that the court holds the decision until the birth of the child. Why? Because:
- Expectant mother should give birth to a healthy child without any complications, and divorce verdict ahead of birth may cause these complications.
- The court will be in a better position to determine how new born baby should be supported.
Your family lawyer Toronto will take you through the following things:
- Terms of support,
- Medical care and visitation
- Newborn’s Custody/Maintenance
The Niroomand family lawyer Toronto will advise each of the spouses to deliver statement about pregnancy. It will also advise to clear husband’s position as being the biological father of the newborn or not. There will be two conditions
- Husband being the biological father of the newborn: The court will consider maintenance and custody issues.
- Husband is not the biological father of the newborn: Custody and maintenance issues will not be considered for the newborn. In this situation, the mother is liable to disclose the name of the real father and file paternity suit on him.
- Divorce During Pregnancy, Maintenance After Child’s Birth
Pregnancy can become exception for some rules and regulations. Such as:
- The pregnant woman can file for immediate maintenance even before the final verdict, given that the child was born during the process. In this situation, husband is liable to support the newborn and bear all expenses of delivery.
- The deed of separation must include custody rights as well as visitation rights for the newborn child.
- What Factors will be determined by the court?
Following factors will be taken into account with respect to child maintenance:
- Financial status of the spouses
- Expenses and monetary benefits of the child (newborn)
- Disabilities and complication is newborn
Period of Maintenance
Maintenance period remains till the child reaches 21 years of age. Anyhow, there are exceptions to the rule, such as:
- Child with mental disability should be given maintenance for as long as the problem remains with the child.
- Child going through tertiary education is entitled for maintenance.
- Modified Order for Custody
It considers the maintenance and support required by newborn. The mother of the child may request the court to reconsider the order or cancel it, in the best interest of the newborn. In this context, court requires evidence of circumstantial change because of the previous (original) order.
What circumstantial changes may arise?
- Father’s (or mother’s) salary increment
- Disability in child
- Complications during birth
Divorce is already a hard-to-bear process, pregnancy makes it more demanding. You, being a pregnant woman, are required to find substantial support from the family members and support groups around. You may discuss the issue with divorce lawyer Toronto who’ll give you the best advice.
17 Jan 2017