Legal Question in Civil Litigation in North Carolina
can I sue my ex and his lawyer in civil court for trying to terminate my parental rights
1 Answer from Attorneys
No, unless there are a lot more facts that you have not told me. If there is a good faith basis for the grounds for termination of parental rights, then I say no. If you can show that this action was totally baseless and was brought out of malice and the action terminated in your favor, then you can go after your ex-husband for malicious abuse of process. I would not be so quick to jump on his lawyer. You do not know what he told the lawyer and whether he lied so it may not have been the lawyer's fault. You could try filing a bar complaint against him if you an show that he was in cahoots with your ex-husband. However, this is likely to go nowhere, but its up to you. If you can prove that the lawyer had actual knowledge of the truth and proceeded anyway, then you can sue him as well.