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Separated;Cheating husbands rights to unborn child?

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WorriedFriend11

Junior Member
What is the name of your state (only U.S. law)? California.

My best friends husband of 8 years cheated on her many times over the years. And recently left her for a stripper when she was 6 months pregnant. She is now 3 weeks away from her due date with their 3rd child. And doesn't want him to have any part in the naming or delivery of the baby. He is taking her to court over naming rights and being allowed in the delivery room. Although I think he should have a part in the naming, can a judge actually say the father should be in the delivery room? What rights does he have in this situation?
 


Isis1

Senior Member
uh, no. he cannot get a court order to be present during a medical procedure.

for the child's last name, yes a judge will allow him to have his named added.

dad cheating on mom does not override dad's constitutional rights.
 

WorriedFriend11

Junior Member
Thanks for your response. The name issue isn't a last name issue. She will be giving her child his last name. Its a first name thing. She hasn't even chose a name yet, but he is upset she won't let him name the baby.
 

mistoffolees

Senior Member
Thanks for your response. The name issue isn't a last name issue. She will be giving her child his last name. Its a first name thing. She hasn't even chose a name yet, but he is upset she won't let him name the baby.
1. They both need to grow up.

2. She can put any name she wants on the birth certificate because he won't be there at birth. However, he can drag her into court later to ask the court to order the name changed. Might not win, but it can cause her a lot of stress and expense just after the birth of a child when she won't need it.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? California.

My best friends husband of 8 years cheated on her many times over the years. And recently left her for a stripper when she was 6 months pregnant. She is now 3 weeks away from her due date with their 3rd child. And doesn't want him to have any part in the naming or delivery of the baby. He is taking her to court over naming rights and being allowed in the delivery room. Although I think he should have a part in the naming, can a judge actually say the father should be in the delivery room? What rights does he have in this situation?
No, a judge honestly cannot do that. Even if the judge were to make that kind of order, her doctor could throw him out of the delivery room based on the best medical interest of the mother and child...if it upsets mom to have him there.

I am not even sure that the judge can give him any naming rights. The judge can change the child's name after the fact, but initially I am not sure that the judge can.
 

WorriedFriend11

Junior Member
1. They both need to grow up.

2. She can put any name she wants on the birth certificate because he won't be there at birth. However, he can drag her into court later to ask the court to order the name changed. Might not win, but it can cause her a lot of stress and expense just after the birth of a child when she won't need it.

I do agree on the growing up part. Thanks for your response..
 

NellieBly

Member
No, a judge honestly cannot do that. Even if the judge were to make that kind of order, her doctor could throw him out of the delivery room based on the best medical interest of the mother and child...if it upsets mom to have him there.

I am not even sure that the judge can give him any naming rights. The judge can change the child's name after the fact, but initially I am not sure that the judge can.
I'm not a lawyer, but doesn't HIPAA come into play here? She doesn't have to tell him when she goes in for delivery.
 

ecmst12

Senior Member
She doesn't, but HIPAA would only be involved if he tried to get the information from the hospital behind her back (he couldn't).
 

LdiJ

Senior Member
I'm not a lawyer, but doesn't HIPAA come into play here? She doesn't have to tell him when she goes in for delivery.
A judge could order her to inform him and could order that he be allowed at the hospital during the birth, whether its a valid order or not. We have seen those kinds of orders made on this forum.

It wouldn't even surprise me if a judge tried to make an illegal order that he could be present in the delivery room...however I doubt that a judge would do that.

I do know for certain however, that court order or not, a doctor or a hospital would not abide by such an order if the mother didn't want him present in the birthing room.
 

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