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

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1 Lawyer Answer

Jefferson S Cannon

Answered
  • Sandy, UT
  • Licensed in Utah

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.

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