Man's horrific custody battle ends after pregnant fiancée tragically dies

A custody battle for one father has finally ended following the tragic death of his partner. Photo / James Gardner

A grieving father has finally been able to take his daughter home from hospital after being involved in a heartbreaking custody battle.

Fiancée Heather Trimble died in a car accident in Texas while eight months pregnant but the father of her baby James Gardner wasn't allowed to take their baby home.

Gardner reportedly had issues bringing his child home because Trimble was still legally married to a man she left three years ago.

The grieving father said the amount of stress has been immense.

"I really didn't think this could get any worse," he told Fox4.

"The amount of wrong turns this thing has taken is really mind-boggling. To think that anyone would have to deal with this on top of the original crash."

Hunter Lewis, a family lawyer not involved in the case, told Fox4 because Gardner was married at the time Hadley was born it was assumed her estranged husband is the child's father.

"Because she was married to him at the time of the birth of the child, the actual father, legally speaking, is a presumed father - which is her husband," Mr Lewis said.

Heather Trimble died ina car accident while pregnant with the couple's daughter. Photo / James Gardner

However, Gardner said his fiancée's estranged husband was co-operative and gave his blessing for him to take his daughter home.

"One of my biggest regrets for her (Heather) is that she couldn't see Hadley before she went," he said.

Gardner has now named his daughter Hadley, the name Trimble picked out for her before she died from her injuries in the deadly crash.

James Gardner and his daughter. Photo / James Gardner

He says he's ready to start a new life with his baby girl who is simply known on her birth certificate as 'November BG.'

"She's doing great," he said. "And she's beautiful. Oh, she's beautiful. Sorry, I gotta take a deep breath."