Legal Question in Family Law in Illinois
cAN A child sue ABSENT non custodial parent for pain and suffering
2 Answers from Attorneys
Let's start out with the simple fact that anyone can sue for anything. Suing does not mean recovering anything. I highly doubt that any court will consider such a type of claim. A court can not order visitation, only provide for it, so the failure to visit does not present a recoverable tort. But you might find a judge would would consider it.
Once again, Mr. Shimberg is channelling my thoughts. He is 100% correct. You or your child can sue, but the case is unlikely to go anywhere anytime soon and you are unlikely to recovery anything in the way of a money judgment. There are even some cases which say that a child cannot recover for emotional distress from a parent. Just think of it - every kid who is unhappy with his parents could then sue their parents. . .