Suing for Withholding Child Visitation Lawyers
Suing is one way that can be used to try to coerce the other parent into cooperating by awarding money to the injured party
When other measures haven't worked, some parents have tried and are sometimes successful in suing the other parent for denying them from seeing their children. Suing is one way that can be used to try to coerce the other parent into cooperating by awarding money to the injured party. The suing options that exist when it comes to visitation are intentional infliction of emotional distress and interference with custody or visitation rights:
- Suing for intentional infliction of emotional distress - The injured parent has to show that the other parent intentionally or recklessly acted outrageously and this caused severe emotional distress. Courts have awarded both compensatory and punitive damages.
- Suing for intentional interference with custody or visitation rights -Some states allow this tort but it is more unusual than the one above. This came about since it has been hard to prove outrageous behavior and severe emotional distress. Here the injured parent only needs to prove that the defendants conduct was intentional. Compensatory damages can be rewarded.
Can I Get Money Back for Expenses I Had for the Child that Could Never Be Used?
Yes, if you've had expenses for the child that could never be used because the other parent withheld the child, it is possible to get such lost expenses back if you've kept the receipts. This claim can be done in a small claims court. This won't change the issue of visitation, but it makes the denial of visitation more expensive and it will hopefully discourage the other parent from this in the future.
Do I Need a Lawyer for My Visitation Issue?
If you are seeking to enforce your visitation rights with your children and are thinking about suing the other parent it is wise to consult with a family lawyer. Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated legal system.
Consult a Lawyer - Present Your Case Now!
Last Modified: 07-08-2010 04:10 PM PDT
