Visitor Question

Suing for Pain and Suffering in a Child Custody Case…

Submitted By: Anayeli (Carpentersville)

I have a case right now where my ex-boyfriend is suing me for father rights for our one year old baby. I would like to know if it’s worth suing for pain and suffering.

To make a long story short, since all of this started I have been having a lot of money issues since I had to hire an attorney etc. My ex-boyfriend gives me no child support and all he does outside of court is demand to see our child which causes arguments etc.

Sometimes I find myself in the position where I don’t have any money to buy my baby’s needs. I want to know if it’s worth suing for the pain and suffering that he is causing me and my baby? What do you think? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Anayeli,

Regrettably the law in most states does not permit a person to file a lawsuit solely to recover for Pain and Suffering. Although you did not tell us what state the City of Carpentersville is in, we will presume you are speaking of the State of Illinois.

After checking the State’s laws and procedures as they relate to Pain and Suffering, we confirmed there is no recovery available for Pain and Suffering in the State of Illinois except as the result of a Personal Injury, Product Liability, or Medical and Legal Malpractice.

Any recovery you are seeking would be best set out in your ex-boyfriend’s case.

Because of the technical nature of that type of recovery you would be best served by seeking the advice of a local Attorney.

Learn more here: Compensation for Emotional Distress

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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