QUESTION
Do I have a case against my husband's ex for emotional distress?
Asked on Sep 09th, 2013 on Personal Injury - South Carolina
More details to this question:
My husband’s ex is fighting for custody of their two children. My husband and I had a baby that died of natural causes. Now my husband’s ex is bringing our deceased son in to the case saying that my husband and I basically killed our son and they are now asking for his and my medical records. We have no problem giving them to her and her lawyer with a supine. I was wondering if I would have a case against her?
6 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. custody cases are always "no holds barred" and ugly stuff in a lawsuit is generally privileged.
Answered on Sep 11th, 2013 at 12:32 PM
Ronald A. Steinberg
No. Her dispute is with your husband, and you and your feelings are just collateral damage. However, if she is accusing you both of "killing" the child, if you can show that the accusation is untrue, you might consider warning her about defamation of character. I am not sure if she has a qualified immunity based on the fact that this came up during litigation, but perhaps your attorney can advise you more fully than I can. women really fight dirty, don't they?
Answered on Sep 11th, 2013 at 10:38 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't think so. Your son died and she is trying to make the most of it. If she still says it after the records are given and it isn't true, then maybe you can go after her for defamation.
Answered on Sep 11th, 2013 at 2:28 AM
Thomas Edward Gates
Sorry, you do not have a cause against her.
Answered on Sep 11th, 2013 at 2:28 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Absolutely not.
Answered on Sep 11th, 2013 at 2:27 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, the allegations are being made in the context of an ongoing legal proceeding. Your comment that they are bringing up the subject of your deceased child is of course disturbing. Not being your lawyer, I can't comment specifically, but he/she may want to look into requesting sanctions from the court for frivolous conduct.
Answered on Sep 11th, 2013 at 2:27 AM