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
  • 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.

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.