Kay said she was going to take the kids--she wanted them. Michael could have physically stopped her. She would have gone to court to gain custody in a divorce. US courts almost always grant custody to the mother. But she made a fatal mistake in hurling at Michael that she had an abortion. Abortions were illegal in the US at that time. Her abortion would have been enough for Michael's lawyers to make the case that she was an "unfit mother" under the law
My take, for what it is worth!
Here's the thing about the 'abortion'
No doctor would
dare perform an abortion on Michael Corleone's wife
The 'abortion' was Kay's spiteful hurling at Michael when Kay realised she can't take the kids if "she wanted them"
Michael was right! Kay did not know Michael or that was Kay's plan all along
Sure thing “Her [Kay's] abortion would have been enough for Michael's lawyers to make the case that she was an "unfit mother" under the lawâ€
Nevertheless even if there was any divorce/child custody hearing Michael would undoubtedly keep something like the abortion [Michael wouldn't want it to get around!] suppressed, from being aired in public, in the courts even though the abortion line would be a sure-fire winner
I can't see Michael, no way, would he 'parade' all these sordid details of how his wife aborted his child risking all including imprisonment for this illegal act because his wife wouldn't bring another one of his 'sons' into his “unholy and evil†world
Michael would have found other ways including probably having the divorce/child custody hearing if any, dismissed – Difficult not impossible
I doubt Kay “would have gone to court to gain custody in a divorce†[even without the abortion debacle] would take on Michael's power and money No brainer!
Just for the hell of it! even if the illegal abortion actually happened against all odds – onus of proof....
