Is there such thing as a visitation order when a couple is still married but living apart?

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Is there such thing as a visitation order when a couple is still married but living apart?

I am 2 months pregnant with my husband’s child. We have been separated for a month. Can I get divorced while I am pregnant? Can I have visitation orders made when the baby is born if we are still married? I do not trust him or his family with the baby (i.e leaving with him/her). What are my legal obligations to him as the father of my child?

Asked on October 19, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you can get divorced while you are pregnant.  And yes, you can either enter in to a voluntary agreement as to visitation which can be incorporated in to a settlement agreement when you are getting divorced, or the court can order visitation later on.  Legally he is entitled to the same rights as you to the baby unless a Judge modifies those rights for some reason.  But Judges are in favor of fostering relationships with parents not severing them.  He also has legal obligations to the baby, such as support.  Can I urge you to seek elgal help on all of this from an attorney in your area? It is best that you seek help sooner rather than later. Good luck.


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