Can I sue the father of my unborn child

Can I sue the father of my unborn child?

Ask RJ, Blog

The Question:

Can I sue the father of my unborn child? I was underage when I conceived and he is 20 years old. He begged me to abort and lashed out violently when I would talk about keeping the baby. I felt forced to abort, but the pill didn’t work and there were complications. After he found out I was still pregnant, he left and won’t help with any of the expenses that came with the complications. I was told my baby will most likely be born with birth defects, and I might need a surgical abortion along the way if more complications arise. I cannot afford anything. Is there any way I can sue him now that I’m 4 months pregnant for help with expenses?

RJ Says:

Arizona law DOES allow proceedings to establish paternity DURING pregnancy. I would certainly be willing to seek temporary support orders even prior to birth under the circumstances you have described. However, we will have an issue if he denies that he is the Father. “A delay in determining paternity in an action commenced before the birth of the child shall be granted until after the birth of the child for purposes of paternity tests if any party to the proceedings requests”.

Arizona law does require the Court to direct the amount he must contribute for the actual costs of the pregnancy, childbirth and any genetic testing and other related costs subject to production of billing statements or other documentation. SO KEEP TRACK OF ALL EXPENSES BEING INCURRED.

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