May 29, 2014

Question

Very wealthy ex neglects his own child and has done very mean things to her all through the year. Told her from the time she was little, no birthday or Christmas gifts.Meanwhile lavishes his new children and stepchildren. Ignores her. Will not give gifts, But will give stepchild a one thousand dollar gift, and they graduated in the same year. Says very mean things, Tries to get out of paying all pay bills, and will pay for bills of all others. Posts all these gifts and pictures of lavish outings online for her to see. The list is endless. Never wants to see her. What do I need to prove?

Answer

As a tort, intentional infliction of emotional distress is very difficult to establish. The conduct complained of must be “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community.” Unfortunately, being a bad father would not be enough to establish this cause of action.


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