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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I would like to know if I can sue my son father for mental

Customer Question

I would like to know if I can sue my son father for mental anguish? We were engaged and lived together for four years. He intentionally planned our pregnancy. Two weeks before I had my son he moved his ex wife to the same state we are in and moved out and moved in with her. He's upset because I placed him on child support only receiving $140.00 because he is self employed and commits fraud with his taxes. Since he has left I have been suffering with anxiety and depression?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - There is no legal basis for a suit for mental anguish in this situation. That would mean that every time a relationship goes bad someone could sue and we don't have enough courts to handle that many suits. Had you been married then you would have had the protection of the domestic relations laws and would have been able to share in the marital assets through a divorce but under these circumstances all you can get is the child support. You cannot force him to exercise visitation or to be involved in your child's life. What you did with the support was exactly the right thing to do and if you believe he makes more money than what he is reporting you can ask for an increase in support and file for court ordered discovery of all of his finances. That would be the only way to get more money from him.
Customer: replied 4 years ago.


I have the child support set up through the Texas Attorney Generals office, do I go to them for the court ordered discovery of all his finances, and is this something he still would be furnishing himself or will all his bank accounts be investigated. We were common law married in the state of texas, he has introduced me as his wife on different occassions.

Expert:  Dave Kennett replied 4 years ago.

If you were common law married then you should file for a divorce through the family courts and claim half of the marital property under the community property laws. Your question was whether you could sue for mental anguish so I answered on that basis but if you can establish a common law marriage then you may be able to get additional money from that source. I am not permitted to represent clients from this website or prepare documents however I have included below the official Texas website for self help which includes forms and information on representing yourself in court. The attorney general's office will not be of any assistance in filing for a divorce.

http://www.courts.state.tx.us/pubs/pubs-home.asp