As a custodial parent, can I sue the biological father for our child’s emotional pain and suffering?

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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 8 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.


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