Salt Lake City, UT asked in Divorce and Family Law for Utah

Q: My estranged husband just got engaged

I filed for legal seperation, it hasn't been signed yet. We have been apart for a year. He just got engaged to another woman and is trying to have another baby. We made a marital agreement 10 yrs ago when our last born child was boen, NOT to have anymore children, with his permission to my doctor, I got my tubes tied. We just lost our 10 yr old daughter (our last born) in an accident 6 months ago.

What can I do???? Totally heartbroken

Related Topics:
1 Lawyer Answer
Jefferson S Cannon
Jefferson S Cannon

A: I assume you are asking if there is a way to stop him from having another child but you may be asking something else. First off my condolences on your situation and the passing of your daughter. Second, it would be almost an impossible legal battle to force your estranged husband to not have children. Procreative rights are a very difficult subject in the courts and your agreement would probably be seen as an agreement between the two of you and not others. Suppose for example the other two become pregnant and you bring an action to stop them from having children there is no court that would order/require they obtain an abortion. Again this is a difficult situation and I don't think there is much you can do but you could try consulting with a family attorney to see if they have another suggestion.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.