How are parental authority and custody determined for a child born after divorce?

When proceeding with a divorce by agreement or a divorce by conciliation during pregnancy, the parties prepare a written agreement concerning the parental authority and custody of the child and thereby determine these matters.

However, if there is no room whatsoever for the two parties to reach an agreement and the grounds for divorce constitute grounds for judicial divorce, there is no choice but to proceed through litigation.

When a divorce lawsuit is pursued during pregnancy, the divorce itself can be established, but parental authority and custody over the unborn fetus cannot be determined legally.

A child born within 300 days after the divorce is established is presumed to be the biological child of the married couple.

If no agreement is reached regarding the person to hold parental authority, you may file for adjudication to designate the holder of parental authority and obtain a decision from the court.

Parental authority and custody are determined with the welfare of the child as the foremost consideration.

In this case, various parenting conditions and environments are comprehensively taken into account, but during pregnancy these cannot be determined in advance.

Therefore, for matters such as parental authority and custody, we recommend that you establish a strategy suited to your situation and proceed with the case with the help of an attorney who specializes in this area.

For further details, we encourage you to consult with an attorney who specializes in this area.