Legal Question in Family Law in Illinois

cAN A child sue ABSENT non custodial parent for pain and suffering


Asked on 10/14/12, 4:37 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

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.

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Answered on 10/14/12, 5:15 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

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. . .

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Answered on 10/14/12, 5:22 pm


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