Emotional Distress in Parent-Child Relationships

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Infliction of Emotional Distress The tort of intentional infliction of emotional distress may be negligently, intentionally or recklessly caused. The tort ordinarily includes four elements: 1) the defendant must act intentionally or recklessly; in some jurisdictions, where negligent infliction of emotional distress is recognized the defendant may also act negligently; 2) the defendant's conduct must be extreme and outrageous; and 3) the defendant's conduct must be the cause; 4) of severe mental distress. Jurisdictions vary as to what which form of infliction of mental distress they recognize. Willie Brackens, Plaintiff, v. Dallas Independent School District, et al., Defendant. Civil Action No. 3:09-CV-0642-D, United States District Court For The Northern District Of Texas, Dallas Division, 2010 U.S. Dist. LEXIS 138207. Civil Action NO. 3:06-CV-2204, United States District Court For The Northern District Of Texas, Dallas Division, 2008 U.S. Dist. LEXIS 36574. NO. 14-06-00965-CV, Court Of Appeals Of Texas, Fourteenth District, Houston, 2008 Tex. App. LEXIS 591 Abandonment of a Child Child abandonment is a criminal violation under most state laws. In the civil context abandonment becomes an issue only in situations involving the terminations of parental rights. The standards for determining whether or not abandonment has occurred vary from state to state but usually require a showing that the parent has failed to provide necessary clothing, food, shelter or
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