PAS and Civil Action

[downwithit]

Dear Socrateaser:
During one of our office visits to my husband's attorney, he showed us pages of research his team had done on PAS and civil remedies allowed in South Dakota. Apparently, South Dakota is one of the states that allows for civil remedies for alienation of affection in cases of PAS.
1. Is this true?
2. How successful, usually, are these cases in the states that recognize them?
3. Would you recommend that a parent of an alienated child pursue this?
Thanks!

[socrateaser]

>Dear Socrateaser:
>During one of our office visits to my husband's attorney, he
>showed us pages of research his team had done on PAS and civil
>remedies allowed in South Dakota. Apparently, South Dakota is
>one of the states that allows for civil remedies for
>alienation of affection in cases of PAS.
>1. Is this true?

Based on your facts, yes, but I have no independent knowledge of SD law.

>2. How successful, usually, are these cases in the states that
>recognize them?

No clue.

>3. Would you recommend that a parent of an alienated child
>pursue this?

Ask the attorney for some SD case law related to PAS, and make your retainer of the attorney conditional on his assertion, that in his expert opinion, that you have a case that is on point with precedent in this area of law.

Then, if things go poorly, you will have a case against the attorney for malpractice.