Legal Question in Civil Litigation in North Carolina
I live in NC and an old girlfriend (lives in VA) claims that I'm the father of her son. I've been going along with her "games" for over a year, in an attempt to get a paternity test.She acts like a psycho ex-wife, but we were never married. When I told her that I was going to contact the man who thinks he fathered the child (he raised for a few years and now paying child support), she said it was all a lie. She has possibly deprived me of time with my child and caused mental anguish for my wife, my family and myself. And now my relationships with my wife and family are in shambles. Can I sue this woman for mental anguish?
1 Answer from Attorneys
Intentional or negligent infliction of emotional distress is hard to prove and there is not enough evidence here to support your claim. Your claim will have to be supported with medical evidence as to the stress this is causing. However, this is my opinion. If you disagree, then consult with a personal injury attorney to ascertain whether you have a viable claim. I do not handle personal injury law.
Instead of pursuing a claim for emotional distress, why don't you stop playing her game and bring a paternity action against her and compel her to submit herself and the child to DNA testing? That is the only way you are ever going to know for sure. If you are not the father, then she can leave you alone. If you are the father, then the paternity adjudication witll give you grounds to seek visitation with the child and establish a relationship. If the other man is paying child support, he will also have to be involved to see if the child is his or yours. I am sure that he does not want to be supporting your child if the child is in fact yours.
I am not licensed in VA. I suggest that you contact a VA family law attorney to discuss the paternity suit.