As a custodial parent, can I sue the biological father for our child’s emotional pain and suffering?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
As a custodial parent, can I sue the biological father for our child’s emotional pain and suffering?
The father resides out of state. He hasn’t seen the kids as ordered over last 6 years. Attempted to force visitation this summer and 8 year old daughter becames so upset/hyperventalating had to stop at ER en route to her father. Daughter did not go for visitation and now I am being sued for contempt.
Asked on August 22, 2012 under Family Law, Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, you would have to be appointed your child's guardian ad litem in order to brig a lawsuit for your child's emotional pain and suffering. From what you have written, I suggest that you consult with a family law attorney that practices in the area of personal injury law to see if your child has a valid claim against the father. From what you have briefly written, I do not see a factual or legal basis for bringing a legal action for the minor child against the father.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.