Are grandparents allowed to sue for emotional distress caused by the denial of visitation rights?
In California, grandparents do have the right to sue for emotional distress caused by the denial of visitation rights. According to California law, a grandparent may file a petition for reasonable visitation rights if it can be proven that such a visitation would be in the best interests of the child. If a grandparent’s petition is denied, then the grandparent may be able to sue for emotional distress. The California Supreme Court has ruled that when a legal duty exists between a grandparent and grandchild, emotional distress damages are available if the duty is breached. For example, if a grandparent is denied visitation rights, they may be able to prove that they were the victim of intentional infliction of emotional distress and can seek damages in a lawsuit. In addition, even if a grandparent is not able to successfully prove their case for reasonable visitation rights, they may still be able to file a lawsuit against any person who interfered with the grandparent-child relationship without cause. In such cases, the grandparent could sue for emotional distress. The best way to protect your rights as a grandparent is to seek legal counsel. An experienced attorney can evaluate your case and help you determine the best course of action.
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