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Could you be sued for 'bad mothering'?


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BY STEVE SCHMADEKE

Chicago Tribune

First published Aug 27 2011 07:01PM

Updated Aug 28, 2011 12:06AM

Chicago • Raised in a $1.5 million Barrington Hills, Ill., home by their attorney father, two grown children have spent the last two years pursuing a unique lawsuit against their mom for "bad mothering" that alleges damages caused when she failed to buy toys for one and sent another a birthday card he didn’t like.

 

The alleged offenses include failing to take her daughter to a car show, telling her then 7-year-old son to buckle his seat belt or she would contact police, "haggling" over the amount to spend on party dresses and calling her daughter at midnight to ask that she return home from celebrating homecoming.

 

Last week, at which point the court record stood about a foot tall, an Illinois appeals court dismissed the case, finding that none of the mother’s conduct was "extreme or outrageous." To rule in favor of her children, the court found, "could potentially open the floodgates to subject family childrearing to ... excessive judicial scrutiny and interference."

 

In 2009, the children, represented by three attorneys including their father, Steven A. Miner, sued their mother, Kimberly Garrity. Steven II, now 23, and his sister Kathryn, now 20, sought more than $50,000 for "emotional distress."

Miner and Garrity were married for a decade before she filed for divorce in 1995, records show.

 

Among the exhibits filed in the case is a birthday card Garrity sent her son, who in his lawsuit sought damages because the card was "inappropriate" and failed to include cash or a check. He also alleged she failed to send a card for years or, while he was in college, care packages.

 

On the front of the American Greetings card is a picture of tomatoes spread across a table that are indistinguishable except for one in the middle with craft-store googly eyes attached.

 

"Son I got you this Birthday card because it’s just like you ... different from all the rest!" the card reads. On the inside Garrity wrote "Have a great day! Love & Hugs, Mom xoxoxo."

 

(continues)

 

http://www.sltrib.com/sltrib/world/52469658-68/garrity-card-court-lawsuit.html.csp

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Ungrateful brats! Money grubbing, ungrateful, spiteful brats! Sorry, strong language. But, that is how I would characterize it.

 

The father claiming that he tried to dissuade his children from bringing the lawsuit and then representing them for free???? Oh, there are words for him, unfortunately, those would be quite impolite to say on this board.

 

I wish the court had slapped the kids with court fines, jail time, something for filing a completely frivolous claim. What a waste of tax dollars and of course she had to pay legal fees to defend herself!

 

Faith

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Why was the greeting card inappropriate, by the way? I don't get it.

 

sought damages because the card was "inappropriate" and failed to include cash or a check.
I think they found the card inappropriate because it failed to include cash or a check. :glare:

 

I think the only bad parenting going on here is raising entitled, spiteful brats - and that's putting it politely. I'm not sure that can be completely laid on the mother's door, though - sounds like dad was the greater culprit there...

 

I'm sure these two prizes are going to be perfect parents someday. :001_rolleyes:

 

I'm just gobsmacked at how out-of-touch these kids are - I mean, with all the actual abusive and neglectful parenting going on in the world, they really thought a judge would sympathize with them because they didn't like the birthday card mommy sent them? That even said nice things?

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I tired to find this on snopes, but failed to do so. But then I got caught up reading snopes stuff - and school is starting late today. :$ Good think my kids never notice. To them school just comes after breakfast and before lunch. ... So if breakfast is late - then school can be late with no comment.

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:iagree:

 

If I were her, I would file a complaint with the bar association. The judge should have slapped them with HER attorney's fees.

 

:iagree:

 

 

Her ex sounds like a real douche.

 

 

The attorneys involved should be sanctioned. It is ridiculous they even tried it.

Edited by Sis
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I am not sure I have any words for this.
Exactly what I have been thinking...though I'm confident I can muster a few anyway! :D

 

I find myself fully agreeing with the judgment of the court:

Last week, at which point the court record stood about a foot tall, an Illinois appeals court dismissed the case, finding that none of the mother’s conduct was "extreme or outrageous." To rule in favor of her children, the court found, "could potentially open the floodgates to subject family childrearing to ... excessive judicial scrutiny and interference."
But to me, that doesn't go NEARLY far enough.

 

Does this father or do these children *really* want to try to turn motherhood into a truly thankless job? Where would (will??) we be if motherhood is treated as something to be disparaged by children? I really hope we are not as far down that path as the existence of this lawsuit implies...

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I laughed at the idea that not including cash means she forgot they were children. The phrasing was amusing.

 

Otherwise the suit seems to saying that the mother was alternately favoring and outright ignoring each of the children. Clearly a troubled family.

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Well, there is clearly some kind of bad parenting going on, if these two have a sense of entitlement that huge, isn't there?

 

This crossed my mind. Sounds like the dad may have had custody of the kids singlely for a while, though. I'm guessing he is a very bitter man.

 

Seriously, can you imagine if such a suit were allowed? That would definitely affect the birth rate.

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Sounds like these two brats should be forced to listen to a song by The Eagles - 'Get Over It'

 

I think we as a collective whole should sue the lawyer father for his obviously poor parenting skills and his lack of will power. He should have told them there was no way he would think of representing them in such a stupid lawsuit.

 

Had I been the judge I would have laughed them out of court and told them to get a dose of reality.

 

How disgusting. My DH would love to get a card from his mother - no cash or check needed. Just the knowledge she remembers his birthday.

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