Can I sue the other parent for intentional infliction of emotional distress for taking the child? i.e.: out of the state.
Yes, you can sue for emotional distress-but it is a difficult cause of action:
If the elements are met, the intentional infliction of emotional distress
– is a cause of action – with the following elements:
- the wrongdoer’s conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result;
- the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community;
- the conduct caused emotional distress;
- the emotional distress was severe. Legrande V. Emmanuelle, 889 So.2d 1991, 994 (Florida 3rd DCA 2004). The concept of “standing” in terms of custodial rights is irrelevant if the father can satisfy the 4 elements of the tort-set forth above.