Legal Question in Civil Litigation in Louisiana

Intentional Infliction of Emotional Distress

How hard is it to prove Intentional Infliction of Emotional Distress with regards to a child custody case? My grandson father is suing for a change of domicilary custody but because he is not actively involved til now, he is telling lies to his sons doctors and teacher. In turn this is causing unnecessary stress on my daughter as well as all the lies he is telling his attorney about our family. Could this be a case of Intentional Infliction of Emotional Distress? Just wondering and how hard is it to prove.


Asked on 4/12/08, 8:48 am

2 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Intentional Infliction of Emotional Distress

In 25 years I have never seen a custody dispute without some level of emotional damage. The only remedy I know is for your daughter to employ an effective family law attorney.

I would be surprised if the mother gets a tort remedy for the stress of a custody dispute.

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Answered on 4/12/08, 11:59 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Intentional Infliction of Emotional Distress

I suggest you take it to trial and if under oath he lies, then you have a potential perjury against him. Anyone can say anything about anybody, and if you as grandparent can prove damage to your reputation or business by his "provable lies", then I think you may have a defamation/libel suit against him. Mere lying without resulting provable damages is nothing.

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Answered on 4/14/08, 8:39 am


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