Anaheim, CA asked in Adoption, Child Custody, Family Law and Wrongful Death for Arizona

Q: FLMCAZ. Plaintiff filed petition for Paternity, respondent response was plaintiff is father. Resp. Aborted child.

Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is seeking answers through subpoena and is awaiting RMC. Plaintiffs case is building and has large evidence base. Respondent social media is claiming it's already in a new relationship and is getting married.

The question is can the respondent legally abort said child during litigation and at the viability point where state interest is asserted? Thank you.

1 Lawyer Answer
Mike Branum
Mike Branum
Answered
  • Family Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.

I do not think you will find much recourse in the civil courts either. I would be surprised if any case you filed survived a Motion for Summary Judgment.

I can only imagine the grief you must be experiencing, but I do not believe the legal system has a remedy to provide you any relief.

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