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  1. #1
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    Default Mental Anguish As a Result of Neglect of Child

    My question involves civil rights in the State of: louisiana

  2. #2
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    Default Re: Mental Anguish As a Result of Neglect of Child

    You forgot to ask a question. Are you an adult thinking about suing your parents?

  3. #3
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    Default Re: Mental Anguish As a Result of Neglect of Child

    I am a mother of a 9 year old daughter. Her father has been in rehab 2. X for alcoholism. When she was 2 12 yes old, he actually passed out at a bar with her on the bar stool next to him . We were in court July 8 and the judge pretty much pushed me into handing over her passport for a vacation to Atlantis, Bahamas, which I was totally against. I received a call from the hotel security & manager on the 3 rd night that they were there. They took my daughter into a different room and hired a babysitter until I could get a flight out. It was extremely overwhelming for me and my daughter. Can I sue him for mental anguish as a result of his neglect and verbal abuse of our daughter? I quit my job because I feel that I am going to have a nervous breakdown!!! I need this to end!!!!

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    Default Re: Mental Anguish As a Result of Neglect of Child

    You can petition the court to modify custody based upon whatever happened in Atlantis.

  5. #5
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    Default Re: Mental Anguish As a Result of Neglect of Child

    Quitting your job and suffering mental anguish is part of the choice you made to be a co-parent with him, sorry. Though I could see them taking her to a babysitter, I don't see that it required you to fly there and pick her up. Dad would have been sober soon enough.

  6. #6
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    Default Re: Mental Anguish As a Result of Neglect of Child

    Quote Quoting Jabbott
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    Can I sue him for mental anguish as a result of his neglect and verbal abuse of our daughter? I quit my job because I feel that I am going to have a nervous breakdown!!! I need this to end!!!!
    For civil causes of action, Louisiana is not a common law state like the other 49 states that make up the USA. Because of this, you are highly unlikely to get an answer on an internet forum that will be accurate as to Louisiana law.

    The general rule in the common law states is that you can only sue for damages for mental anguish - i.e., negligent infliction of emotional distres - if it arises in conjunction with a physical injury.

    Idk if that is the case in Louisiana. Louisiana is like a foreign country when it comes to its civil laws compared to the rest of the US. Consult a Louisiana attorney.

  7. #7
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    Default Re: Mental Anguish As a Result of Neglect of Child

    I would agree with you under certain circumstances regarding dad sobering up. However, when an innocent bystander calls me and tells me that he was verbally abusing our daughter for 2 hours on the beach while she was sobbing and that he couldn't stand up, I knew he had gone off the deep end again. He ended up trying to hit the lady that was helping our daughter & had to be physically restrained by security. Besides all of the above, my daughter was afraid of him and wouldn't go near him!!

  8. #8
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    Default Re: Mental Anguish As a Result of Neglect of Child

    Quote Quoting Jabbott
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    I would agree with you under certain circumstances regarding dad sobering up. However, when an innocent bystander calls me and tells me that he was verbally abusing our daughter for 2 hours on the beach while she was sobbing and that he couldn't stand up, I knew he had gone off the deep end again. He ended up trying to hit the lady that was helping our daughter & had to be physically restrained by security. Besides all of the above, my daughter was afraid of him and wouldn't go near him!!
    I would talk to an attorney about the possibility of getting dad's visitation suspended or supervised on an emergency basis until he can be evaluated and perhaps sent to rehab again. That is a pretty awful situation that could have gone much worse. He could have been taken into custody in the Bahamas and your daughter into the foster care system (or whatever equivalent they have in the Bahamas) and the situation could have been MUCH more complicated.

    You are very lucky that the hotel handled it like that.

    Talk to an attorney ASAP.

  9. #9
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    Default Re: Mental Anguish As a Result of Neglect of Child

    Quote Quoting JulesJam
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    For civil causes of action, Louisiana is not a common law state like the other 49 states that make up the USA. Because of this, you are highly unlikely to get an answer on an internet forum that will be accurate as to Louisiana law.
    The biggest difference between Louisiana's negligent infliction of emotional distress law and that of many other states is that Louisiana does not impose any sort of requirement of a physical injury if the conduct is outrageous.
    Quote Quoting Duncan v. Bartholomew, 88 So.3d 698 (La.App. 4 Cir. 3/14/12)
    If a plaintiff seeks damages for mental anguish alone, that is, without physical injury, he has a much more onerous burden to meet. The "general rule followed by the great majority of jurisdictions" is that "if the defendant's conduct is merely negligent and causes only mental disturbance, without accompanying physical injury, illness or other physical consequences, the defendant is not liable for such emotional disturbance." Moresi v. State, Through Dept. of Wildlife and Fisheries, 567 So.2d 1081, 1095 (La.1990). Louisiana, however, has allowed deviations from the above "general rule," and all of these deviations "have in common the especial likelihood of genuine and serious mental distress, arising from the special circumstances, which serves as a guarantee that the claim is not spurious." Id. at 1096. Some examples of events for which an award for mental distress has been awarded without the presence physical injury are the mishandling of corpses, negligent transmission of a death announcement, and great fear for one's personal safety. Id.
    As much worry as it may be that a child is in the custody of an alcoholic parent, or that the parent goes on a bender while the child is in his care, it would be tough to argue that the legal standard has been met. But more than that, in this particular context the alleged acts that resulted in emotional distress did not even occur in Louisiana, but occurred in the Bahamas, implicating a choice of law test and possible forum non conveniens challenge should an attempt be made to litigate a claim in Louisiana. The place to start is with the custody lawyer. That lawyer can provide an initial review or referral, if desired, for any possible tort claim.

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