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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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my ex-boyfriend blacklisted my minor child from taking music

Customer Question

my ex-boyfriend blacklisted my minor child from taking music lessons at the same place. Even though I asked for a different day. Are there any legal grounds to do anything?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am sorry to hear about this matter.

 

Please tell me what you mean ?

 

The boyfriend told the school or instructor not to allow the child to train there?

Customer: replied 1 year ago.

The ex told the owner that he had a conflict with my child and him taking lessons at the same place. I have a string of emails proving this.

Expert:  Sam replied 1 year ago.

Hello

 

I am sorry to hear about this matter

 

However, as you are probably aware there are no laws that says a private school has to accept anyone person

 

If you can prove that the fact that your daughter is not allowed to train there will cost her a career in music because there is no other place that will produce a success then you can bring a lawsuit against the ex boyfriend.

Other than that, unfortunately, there is nothing else.

 

The school has a right to not accept a person

 

Now if they get federal funding in anyway and you can show that they did not want your daughter because of her race, religion, age, gender then you could bring a federal lawsuit for discrimination against the school

Customer: replied 1 year ago.

It is not a school. It is a music that offers music lessons.


 

Expert:  Sam replied 1 year ago.

Hello

 

Thank you

 

Then you would not be able to sue "the school" because obviously an individual teacher is not getting federal funds

 

There is no mandate that anyone has to teach another- unless federally funded or a public school

 

And if you can show that she is damaged and will not be able to be an accomplished musician as she grows because the ex stopped this particular training then you can sue the ex boyfriend.

Customer: replied 1 year ago.

Emotional distress caused by he harassing my daughter and perhaps slander. I want to sue him in criminal or civil court. what is my legal standing?

Expert:  Sam replied 1 year ago.

Hello

You will need to sue him in Civil Court fo rthe emotional distress caused by him to your daughter and you

And so yes, you havve standing to file such a lawsuit.

If you also want to file criminal harassment, then you will need to call the police

Customer: replied 1 year ago.

yes, how do I sue the ex boyfriend for what he did to my daughter and saying stuff to Mad Music which in turn not allowed her to take music lession at the store like a normal kid.

Expert:  Sam replied 1 year ago.

Hello

This will need to be done in the Superior Court and so that means there are no forms available and the Complaint has to be done by scratch and drafted.

Now, if you want to sue in small claims court your amount is limited to $5000 but the are forms available via the Clerks Office and an easier process then trying to sue in Superior Court. Small claims can be done without the assistance of a local attorney. And so go to the clerk of the court and get those forms

Customer: replied 1 year ago.


There is no Superior Court here. I am a FL Reg. Paralegal and have worked in legal aid here in St. Pete., Fl since 2005. I am also the Pro Bono Coordinator at Community Law Program. In fact, I used to have a Small Claims Legal Clinic and understand the Pro Se forms. Therefore, am I able to use Small Claims court for a civil Tort? In addition, could I add his mother to the suit for coming into my office while I was teaching my divorce forms class; in front of clients and then she treatened to blackmail me. This is another emotional distress.

Expert:  Sam replied 1 year ago.
Hello

Ok. Then you know that Superior Court is the same as Circuit Court. Superior Court is the same by any other name. Florida has a Circuit Court for these matters. The trial jurisdiction of circuit courts includes, among other matters, original jurisdiction over civil disputes involving more than $15,000. And so I suggest that you should try to gather information on how your daughter's ability to continue her music aspirations has been damaged to the level of $15,000 or more because of his intention to keep her out of the school.



And no you cannot use small claims for the civil tort. You will have to proceed in Circuit Court and I apologize for even mentioning small claims for this matter.



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