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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 34925
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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If your ex husband has a cousin that just graduated law school

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If your ex husband has a cousin that just graduated law school and doing his work probono, can you sue for harrasment if their actions and refusal to compromise on child custody and child support affect the person's health and work environment?

The judge originally awarded custody to the mother. 12 years later, the out of work father, who doesn't pay child support wants more custody in order to get support from the single mother.

Good afternoon Ada,

I'm Doug, and I'm very sorry to hear of your friend's situation. My goal is to provide you with excellent service today.

I'm very sorry, but there is never a civil cause of action for "harassment" that may take the form of a legitimate petition to a court seeking anything related to custody or child support. The fact that one party suffer emotional stress over the fact that the issues have been brought before the court does not grant that person the right to sue---either the other party or their attorney.

What I can say is that after 12 years of the custody situation being in place, the court is highly unlikely to grant one parent more time simply because they ask for it. There must be a legitimate reason represented for the request, and ultimately, it must be in the best interest of the child.

And what virtually never happens, is for the court to change which parent is the primary residential parent, and thereby reverse who must pay child support to whom.

If your friend has been served a Motion for Modification of Custody, she will want to immediately counter with a Motion for Contempt and Enforcement to collect the back child support, and she will want to file a Response to the Motion to Modify Custody and argue that there is no basis for the requested change, it is not in the best interests of the child. Obviously, she would be better served by having her own attorney help her, but if necessary she can do this on her own.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,


LawTalk and 4 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Doug,


You have been very helpful. I just feel very sorry for the co-worker. Her ex is trying to wear her out.


She does have her own attorney but not sure if he has tried all remedies to end this matter as expediently as possible.


You info will be helpful to her I hope.




Thank you for your positive rating of my service, Ada. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

Thanks again.


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