Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I live in Ohio. My soon to be ex-wife has denied me the right to be in the delivery room for the birth of our second child. Can she legally keep me away from the hospital and not allow me to see the baby at all?”
First, to clarify, being in the delivery room (a very personal time for the delivering mother) and being at the hospital and spending time with your new baby, are two different things. While she can (and arguably should) be able to have or not have whomever she chooses in the delivery room, you should have every right to come to the hospital, to spend time with your child, *and* to be sure that your name is on the birth certificate. Unfortunately, with a not-yet-born child, it’s more difficult to enforce rights, but your best bet is to get a *good* family law attorney who can try to negotiate with your wife’s attorney – or your wife if she does not have an attorney – to come up with a signed agreement that will protect *both* of you (so pitch it to her that way); an agreement that provides for your name to be on the birth certificate, and for you to come to the hospital at stated times – this way you will have assurance of time with your new child, and your wife can have assurances of knowing when you will be coming, and when you won’t (that is the part that will give her peace of mind).
Whatever you do, make *sure* that you have an attorney – and a good one – asap, so that you can protect your rights as fully as possible.
You should also pick up a copy of Ms. Mitchell’s book, “They’re Your Kids Too: The Single Father’s Guide to Defending Your Fatherhood in a Broken Family Law System”, asap – it is available on Amazon here.
