Can I sue a mistress for mental anguish in new York?

Asked about 5 years ago - Staten Island, NY

Mistress is controlling husbands privacy with me. If I text him she answers for him, if I call him he won't answer his calls if she's around him. He won't see his 2 kids cause she forbids him to be around me, he can only see his kids in her presence but I won't allow him cause she has physically and mentally hurt my husband. Can I sue her for mental anguish?

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . NYS no longer permits heartbalm suits. Assuming you have a divorce with child visitation orders you can motion the court to limit the children's visits to only with their father. If you have an order and it permits father visitation, you can lose custody of the children and be forced to pay child support to ex if you bar parental visitation. If you have yet to file for divorce I suggest you talk over your options with an experienced family lawyer. My partner Jim DeFelice does family law in NYC and his contact information is provided in his avvo profile and also on our firm's website. www.sarnoanddefelice.com.

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    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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