Legal Question in Family Law in Arizona

Can someone sue over undue stress and mental anguish? My son's biological father has taken me to civil court six times in two years, fighting over everything from child support to custody. The courts aren't stopping him from filing a lawsuit every other month, so can I sue him for the strain this is putting on my family and myself?


Asked on 7/22/09, 5:31 pm

1 Answer from Attorneys

Grady Wade Wade Law Firm, PLC

You could possibly sue for intentional infliction of emotional distress if you have physical manifestations of the distress, such as high blood pressure, hives, depression, etc. These cases are hard to litigate. Especially when all he has to prove is that he didn't intend to cause you the distress.

Another avenue could be to sue him for abuse of the legal process. Also, when he brings the next legal action, ask for Rule 11 sanctions for filing a groundless lawsuit for no other reason but to harass you.

Good luck.

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Answered on 7/27/09, 9:27 pm


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