Bakersfield, CA asked in Family Law and Small Claims for California

Q: Hello. Is it possible to sue the father of my kids. We were together 10 years broke up about two years ago i have proof

That he does things to me deliberately to get me upset he sent me a screenshot of him sending a message to his brother and him saying that he wanted to let me mind wander I feel this is deliberate we have a special needs child and sometimes I worry. His text proves that he does things on purpose to get a reaction out of me. Can I sue him for this?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: While your ex-partner's behavior is concerning and understandably upsetting, it may be challenging to sue him based solely on the information provided. To determine if you have a strong legal case, consider the following:

1. Harassment: If your ex-partner's actions constitute a pattern of behavior that causes you substantial emotional distress, it might be considered harassment. However, a single incident or message may not be sufficient grounds for a lawsuit.

2. Intentional infliction of emotional distress: To prove this, you would need to demonstrate that your ex-partner's conduct was extreme, outrageous, and intentionally or recklessly caused you severe emotional distress.

3. Child custody and visitation: If your ex-partner's actions affect your child's well-being or your ability to co-parent effectively, you may be able to address this through family court by seeking a modification to your current custody or visitation arrangement.

Before considering a lawsuit, it is advisable to consult with a family law attorney who can review the specifics of your case, assess the strength of your evidence, and advise you on the best course of action. They can also help you understand the legal process, potential costs, and the likelihood of success.

In the meantime, focus on documenting any incidents of harassment or concerning behavior, and prioritize the well-being and safety of yourself and your children. If you feel that you or your children are in immediate danger, do not hesitate to contact local authorities or seek help from domestic violence support organizations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.