For example, young woman came into the library the other day. Seems she was in love with her beau so she decided the best way to cement the union was to consent to having sex. Unbeknownst to the guy, she was not on the pill like she said she was. Subsequently, woman got pregnant (i.e. baby). Guy starts to freak the freak out! Of course, guy could have refused to have unprotected sex - but what self-respecting guy would refuse consensual relations over a little thing like unprotected sex?
Woman is now angry that guy is not happy with her decision to have a kid (or encourage marriage). No surprise there. Woman decides that since guy was not forthcoming with a ring and marriage proposal that she needs to take steps to support herself when the kid is born.
After doing some research, I have found that most all states allow you to file for support before a child is born. We're talking child SUPPORT (not child custody). However, courts will generally stay proceedings until either the child is born or until paternity can be established. In woman's case, she can file for support but until either guy says it's his kid or the kid is actually born and a test can be administered, well, woman is pretty much SOL.
Of course, why take my word for it? Might I suggest (as I did to woman) to take a look at:
- American Jurisprudence, 2d (Thomson Reuters, vol. 24A; Divorce)
- Corpus Juris Secundum (Thomson Reuters, vol. 67A; Parent & Child)
- California Child and Spousal Support (CEB)
- California Forms of Pleading and Practice (Lexis, vol. 19)
- California Family Law Basics (Center for Family Law)
So, whether you've got your act together or are a little backwards, know that your local county law library is the place to be to help you set things right (or righter).
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