Fort Lauderdale Domestic Violence Attorney

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:

1. 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;
2. 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;
3. the conduct caused emotional distress;
4. the emotional distress was severe. Legrande V. Emmanuelle, 889 So.2d 1991, 994 (Florida 3^rd 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.