I have sole legal custody. Can my ex sue on my daughter's behalf?
My daughter was bitten by my mother's dog on May 13th, requiring facial surgery. I already have an agreement worked out with her homeowner's insurance company that will create a trust for her to pay her medical bills necessary to restore her face.
Today, my ex had my mother served. He's suing her for Madeline's pain & suffering, and supposed crippling fear & emotional instability due to the incident, and he's claiming $25+ in medical bills.
First, all the bills are in my name, and there's only $11k. Emotionally, she's just fine. I have to tell her not to pet strange dogs at the park. He is bringing this law suit in an attempt to squeeze money out for himself. He's not an active parent- he's seen the kids 3 times in the last two years, so I have a hard time believing in his sudden burst of empathy for her.
Since I have sole legal custody, can he bring a lawsuit on her behalf? I live in Michigan.the case will be in Huron County I think, since that's where my mother lives.
Answers:
Check with a lawyer. Remember the recent case of the "under god" in the pledge of allegiance that went up to the Supreme Court? They turned down his suit saying he didn't have standing because he was not the custodial parent. I think there's a good argument to make against your ex's standing to file.
If your EX is the parent as well. You bet. Get an attorney, you are in for a ride.
Probably not. Your mother's insurance company will fight this, but you need to consult a lawyer to protect you and your daughter's interests.
Did you just get money for the medical bills but not for pain and suffering? If not, you should have.
I don't see how he can actually win anything except maybe his suffering which is what...O? I am sure he can get it into a courtroom but the judge/jury/lawyers will probally laugh him out especially when they find out you have already made arrangements and that you have sole legal custody.
Sorry, I have an ex that does things like this too and he isn't hurting me, just his relationship with the kids.
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