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Apr 14th, 2005
Washington State Governor Christine Gregoire signed a bill yesterday allowing pregnant women to divorce their husbands. The measure was prompted after a judge's strict interpretation of Washington's child support law.
Judge Paul Bastine denied a case involving a woman wanting a divorce from her abusive husband after he ruled that state law said marriages cannot be dissolved until the paternity of the unborn child is established so that the state knows who should pay child support.
In the new divorce law, which will take effect July 23, the bill adds two sentences to state law that clarifies that judges cannot use pregnancy as the sole basis for denying or delaying a divorce. Until the divorce law goes into effect, the woman must still fight for the right to divorce and her appeal is scheduled for oral arguments next month.
For more information on Washington divorce law, please contact us.
Issues Regarding Child Custody
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.