Issue Position: In Response to Trial Judge Removing Child from Custody of Mother Because She Gave Birth Out-of-Wedlock

Issue Position

Appellee further proposes that "[o]ne can try to lessen the impact by appealing to the better angels of our nature and pointing out that [a]ppellant had the baby and is doing the best she can. However right those choices may be, they do not vitiate the fact that [a]ppellant made a choice, and that choices have consequences."

It appears that the choice that appellee contends constitutes a change of circumstances is the choice to continue her pregnancy and to keep the baby. We respond to this argument by stating emphatically that this court will not endorse a finding that suggests, even by implication, that failure to abort a pregnancy constitutes a change of circumstances for the purpose of custody modification.

Blair v. Blair, 95 Ark. App. 242, 235 S.W.3d 916 (2006).

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