Legal Question in Civil Litigation in Washington

Child Visitation

I have filed for divorce. My wife is not allowing my daughter to contact me or see me, I have not seen her in over a month. I have an attorney, parenting plan hearing in two weeks. I do not have any protection orders with my daughter. I want to file a lawsuit against my wife for the pain and stress of keeping my daughter from me.


Asked on 6/01/08, 2:20 pm

2 Answers from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Child Visitation

I get this very query or some variation of it all the time. It goes something like this: I am being emotionally injured or hurt by my spouse's actions, so I want to sue them for emotional damages as a result of our very messy divorce.

Fortunately, there are very few (and none that I am aware of) cases where you can sue for emotional damages arising out of divorce. Otherwise, everyone is guaranteed to get them except cases where both parties are amicably separating.

Your best bet is in your upcoming motion. You have for whatever reason been denied visitation rights, and want them reinstated. The good news is that it is the policy of the courts to keep kids and parents together to the extent possible.

The rest depends on the exact circumstances of your case, which I do not know and cannot speak to.

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Answered on 6/02/08, 1:36 pm
Gary Preble Preble Law Firm, P.S.

Re: Child Visitation

The divorce case is the place to deal with these issues. Make sure your attorney knows all your concerns.

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Answered on 6/01/08, 4:51 pm


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