What are the implications of getting a divorce during pregnancy?

Question: My spouse and I are seeking a divorce in Arizona. She is 2-months pregnant. She wants to "waive" my paying child support and desires for me not to be a part of the child's life. I am not thrilled with this idea and considered contesting it, but she plans to move to another southwest state and I to another state in the east. Can she ask for such a thing in this case? And, do I have a right to pay support and be a part of the child's life regardless of her desires?

Answer: I cannot answer your questions specifically to the laws of Arizona, as I am not licensed in that State. Generally most courts will allow an agreed upon custody arrangement that provides no visitation and parties can usually agree to no child support. The child support issue would not be allowed if the mother is receiving welfare as her right to child support is then assigned to the State. If you are considering this, please be careful, as it is possible for her to come back at a later time and ask for child support. In that situation it will be easier for her to establish a child support order than for you to establish a visitation order with a child you have not had any contact with for many years.

Unless there is some inherent danger that you present to the child, I do not know of any court that would provide no visitation with the child if the matter is brought and contested before the judge.

Please note that you will likely not be able to finalize the divorce until after the birth of the child.

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