Torts - Child's Right to Recover for Alienation of Parent's Affection

Plaintiff's parents were divorced in 1934 when plaintiff was five years old. Custody of plaintiff was awarded to her mother, but plaintiff alleged that she received "usual paternal love, affection, maintenance, and support" from her father until 1941, when plaintiff's father took defendant as his mistress, keeping her until his death in 1952. Plaintiff brought this action for damages on the theory that defendant alienated the affections of her father, thereby depriving plaintiff of fatherly affection, guidance and support. Defendant's demurrer was overruled by the trial court.

On appeal, held, reversed. In the absence of a statute, a child has no cause of action against a third party for the alienation of the affections of its parent. Scholberg v. Itnyre, (Wis. 1953) 58 N.W. (2d) 698.