Abortion

[MBMom]

What is the name of your state? Oklahoma

I'm in the middle of a custody dispute with my ex. He is apparently going to bring up the fact that I've had an abortion in my past to attempt to use against me.

First of all, is that relevant? And second, is it okay for him to bring out something like that when it has no bearing on whether or not I'm am a good mother and deserve for my son to be with me? This is something that is very personal, which my family knows nothing of, as well as all the people who will be at our trial. My husband knows, of course, but he, too, feel it's no one else's business.

Am I asking a stupid question?

 

[BL]

Has he an Attorney ?

Anyone could State anything like that in court, weather or not it will be considered as a factor is up to the Judge.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Oklahoma

I'm in the middle of a custody dispute with my ex. He is apparently going to bring up the fact that I've had an abortion in my past to attempt to use against me.

First of all, is that relevant? And second, is it okay for him to bring out something like that when it has no bearing on whether or not I'm am a good mother and deserve for my son to be with me? This is something that is very personal, which my family knows nothing of, as well as all the people who will be at our trial. My husband knows, of course, but he, too, feel it's no one else's business.

Am I asking a stupid question?

My response:

An abortion is your lawful right. It is irrelevant to any issue; e.g., it has no bearing whatsoever on your abilities as a mother or your overall maternal instinct.

Therefore, you may want to write, file and serve him with a "Motion in Limine" to prevent him from even mentioning such fact in open court.

IAAL

 

[nextwife]

" no bearing on whether or not I'm am a good mother and deserve for my son to be with me?..."

Actually, you should both have the right to share having your mutual child with you, as this is a child of both of you.

No, the abortion should have no bearing. It was a legal procedure.

How about DON'T have your families at the trial?

 

[MBMom]

Thanks for the info. NW - I'm not trying to keep my son from his dad, but instead my ex is trying to say that I'm unfit to have my son. I know how some are sensitive about abortion, and at the time we felt it was the best thing to do. He agreed to it also, so why he's trying to make it sound as though it only included me is beyond me.

Unfortunately, the family that will be at the trial is there to testify. I was so distraught about this that I called my attorney to find out what if anything can be done. He said that he can make sure each of the witnesses, including my husband if I wanted, will sit outside during the trial until it's their time to testify.

My brothers both know of this, as they've been supportive with me, but they, too, worry how my mother, especially would take it. I know I'm a grown woman, but why should everyone have to know. Anyway....just ranting.

Thanks for the advice from each of you. IAAL, I will ask my attorney about the "Motion in Limine". As always, thanks for your input.

 

[I AM ALWAYS LIABLE]

My response:

Was he with you at the clinic when the abortion was performed?

Did he sign any authorizations or consent forms at the clinic?

Do you have copies of the doctor's and nurse's notes of the procedure?

Is your ex referenced in any of the medical records?

IAAL

 

[MBMom]

Yes, he was at the clinic with me, but I'm pretty sure he didn't sign anything at all. I called about getting copies of those records, but they said I needed to come in their office (which obviously I can't since I'm in CA) and that the records were in storage since it was so long ago.

I don't believe he's referenced in the records accept possibly as an emergency contact. Other than that, I took care of the paperwork and everything. He was only there for support.

 

[I AM ALWAYS LIABLE]

Yes, he was at the clinic with me, but I'm pretty sure he didn't sign anything at all. I called about getting copies of those records, but they said I needed to come in their office (which obviously I can't since I'm in CA) and that the records were in storage since it was so long ago.

I don't believe he's referenced in the records accept possibly as an emergency contact. Other than that, I took care of the paperwork and everything. He was only there for support.

My response:

Subpoena the records. The doctor and / or the nurse may have referenced his presence in their notes. Could be construed as both knowledge and acquiecence if he's able to mention the fact of the abortion at trial.

Better to be forearmed.

IAAL

 

[MBMom]

By the way, in his notes I received, he basically admits he was there and was a part of it. So he's not denying his involvement.

 

[Faraday]

Can Ur Parents Force U To Have An Abortion?

i live in florida....i'm pregnant...and only 16...(i know its wrong and i regret it) ..but...I told my mom..i dont live w/ my dad..and she says i have to have an abortion...what can i do??? can she really force me to kill my own child?? My boyfriend has already told me he will support me and his parents will too....also my boyfriend and his parents are against abortion...i'm very confused and scared..can someone please help me???

 

[nextwife]

You cannot be forced to have an abortion.

DO, however, think about what's best for the child, which is being raised by capable adults, and DO consider adoption as an option for this child. Sixteen is very young. Wouldn't you like to finish HS, go off to college, and learn a career and how to take care of YOURSELF, BEFORE you start trying to take care of someone else?

Also, in the future, you will be better off on this board if you start your own thread. You need not dig up an old one to post.

 

[rmet4nzkx]

No your mother can't force you to have an abortion, you are of an age to cosent to your medical care, which would be needed for an abortion anyway and you are old enough to consent to care for your child. If you are under a lot of presure from your mother go to social services and ask for a Guardian ad Litem to be appointed for you. It may be possible to become emanciapted. There are many organizations that help with unplanned pregnancies and help you make decisions and provide support during your pregnancy.

Unwed pregnant minor or minor mother; consent to medical services for minor or minor's child valid

(1) An unwed pregnant minor may consent to the performance of medical or surgical care or services relating to her pregnancy by a hospital or clinic or by a physician licensed under chapter 458 or chapter 459, and such consent is valid and binding as if she had achieved her majority.

(2) An unwed minor mother may consent to the performance of medical or surgical care or services for her child by a hospital or clinic or by a physician licensed under chapter 458 or chapter 459, and such consent is valid and binding as if she had achieved her majority.

(3) Nothing in this act shall affect the provisions of s. 390.0111.

Title XLIII, Chap. 743, §743.065

Removal of disability of minors adjudicated as adults.
The disability of nonage of a minor adjudicated as an adult and in the custody or under the supervision of the Department of Corrections is removed, as such disability relates to health care services, except in regard to medical services relating to abortion and sterilization.

Title XLIII, Chap. 743, §743.066