Location: California
I was just awarded a TRO against my pregnant fiancé. She is very physically, emotionally, and psychologically abusive.
The baby is due in September and I’m wondering how this restraining order will impact things with the delivery at the hospital and also my pursuit of custody.
Comments
You likely won’t be at the delivery.
You will want a court order addressing custody ASAP. If you’re still engaged, that is a relationship you should reconsider.
It’s unlikely you’ll be able to attend the delivery. You need a family law attorney now to start strategizing this.
If a TRO, or a longer restraining order, is in place you will not be able to attend the birth. You will most likely not be able to see the child until paternity can be established and you have a court order for custody. Unless she can be proven to be an unfit mother, which is not proven by domestic abuse alone, it will most likely be 50/50 custody.
The first step in custody cases for an unmarried man is to establish paternity. Usually that is done in the hospital when you sign the birth certificate (they also bring you and the mother a document that voluntarily declares paternity). If that doesn’t happen, then you will probably need to have a paternity test done which can’t be done until after birth. Find a good paternity attorney.