You are really asking two questions. Can he sue? and Can he win? As I believe someone else answered, anyone can sue for anything. But the moment he does (if he does), your attorney would file a motion to dismiss for failure to state a cause of action. You have the legal right to have an abortion and, until that baby is born, the father does not have a say in it. So, can he sue? Yes. Can he win? I can't imagine any scenario under which he could, until and unless Roe v. Wade is overturned. Even then, your abortion was performed when legal, and you cannot be successfully sued for doing something you had the legal right to do. And, if he does sue you, you can countersue for abuse of process and ask for your attorney fees and costs for him filing a frivolous lawsuit. If you are served with papers, hire an attorney IMMEDIATELY to file your response, because you will only have 30 days from the date you are served to file it.
No attorney-client relationship is established with this answer. It is not to be considered legal advice, but is merely given to point you in the right direction and give you a general answer as to the law regarding the question you have asked.
Haven't heard of that one before. I don't see how he would prevail on suing you for his emotional distress when abortions are legal. Further, how could he prove you would have been able to naturally carry the pregnancy to term.
I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.
Per "Roe v. Wade," a mother still has a right to a legal termination of pregnancy and this right is rooted in her right to privacy. In other words, the mother maintains rights over her body because it is her body. Ergo, to my knowledge, there is no legal cause of action for a father that is unhappy that a pregnancy was terminated. Were a child born alive, then of course the natural father has all kinds of rights with regards to visitation, potential custody, as well as financial obligations.
I think you can rest easy. But keep in mind that silly people can still hire silly attorneys to file frivolous things at a courthouse. But that doesn't mean that anything will ever come of it.
I don't believe he has any chance of prevailing under those facts. You have not breached any legal duty to him. I don't believe any competent lawyer would peruse that case and if they did they might be sanctioned for filing a frivolous pleading. Probably best to ignore him but if he hararrses you go to the prosecutor .
He would have a great multitude of problems with bringing a lawsuit.
First, he would have to prove that he was the father.
He would have to overcome by allowing such litigation the State would in effect be violating your constitutional rights. It is by the laws of nature not man that the mother will have more control over the pregnancy than the father.
Plus, in Arkansas, he wouldn't be able to just sue for negligent infliction of emotional distress - he would need to show he suffered some physical injury.
I'm sure a much longer list would result if one spent the time to think through the problems
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