Statute Of Limitations On Mental Anguish From Child Abandonment

Could I file civil suit against my father and his assets for leaving me at someones house at the age of 17? He just dropped me and my stuff off and said 'see ya'. He gave me $250 as if to think that would make it OK, it certainly does NOT!!! That mere $250 does NOT pay for the permanent emotional damages I have sustained. Those people he dropped me off with grew tired of me about 30 days later and kicked me to the street. I spent 2 years of my life on the street, and 1 year living in an abandoned house. he is guilty! and I want damages. I am now 24 so it has been 7 years. A more unexperienced attorney said he doesnt think I can win due to statute of limitations - but I KNOW deep inside that I have been wronged, and there must be SOMETHING that can be done. I have suffered extreme emotional and mental anguish stemming from this. I just today realized this injury. my life is unliveable.. I am a wreck from it. I have read that in certain instances of child sexual abuse that it is possible to overrule the statute of limitations, what about child abandonment? What if I could say my disability and lack of knowledge of the law prevented me from knowing to file a claim? I was so lost and I had no clue about this until today, I realized the damage has been done due to his abandoning of me. This realization came due to the following facts: 1) He gave my sister preferred treatment, got her a vehicle and sent her to school. 2) When I brought this up to him, he absolutely refuses to assist me in life at all. He is a true dead beat and something MUST be done to collect for these damages. You cant just leave your son on the street like that, causing his life permanent suffering - treat a sibling like royalty, and expect to get away with it. I know there is some sort of technicality or x v. y precedent somewhere that can win me a settlement. Please assist - serious replies please. I would be able to pull sworn witnesses to this act of child abandonment as well!

The people that he dropped me off with will agree to stand as witness to this( I may have to break them off part of the settlement, however ). Any information on how child abuse/neglect + disability affects statute of limitation law is very much appreciated, I know in my heart there has to be justice for this!

apparently expertlaw.com says there is a discovery rule that applies if it can reasonably be established that I discovered the injury later in life, which I just realized TODAY. The reason I realized it TODAY is because he will not help me in any shape or form, and told me this in his word with an email sent to me. I also realized it because, I was told by a good friend of mine that I should consider suing him, and that this isnt right for a human being to do their child. I had no idea I could really sue him until today, it all dawned on me and clicked. IT makes total sense. I am very sure this is the only way justice will be served and my life will be returned to a normal functional state.

Due to the fact I suffer from a mental disability it can be argued that I am incapable of being expected to know these laws and I cannot be expected to know 1) how to file a claim 2) when to file a claim or 3) anything even involving civil litigation in general. This is child abandonment which is a form of abuse, and according to what I have read out there, 'child sexual abuse' can eliminate or greatly extend statute of limitations - can child abandonment too? there are several witnesses to this act of irresponsibility, and I want justice served!

more facts:
Due to the fact I suffer from a mental disability it can be argued that I am incapable of being expected to know these laws and I cannot be expected to know 1) how to file a claim 2) when to file a claim or 3) anything even involving civil litigation in general. This is child abandonment which is a form of abuse, and according to what I have read out there, 'child sexual abuse' can eliminate or greatly extend statute of limitations - can child abandonment too? there are several witnesses to this act of irresponsibility, and I want justice served!

Due to my mental disability, adapting to this situation and trying to live my life as a normal person would has been quite tragic and stressful. I have had many run ins with law enforcement, where I was unable to stand up for myself - not being on the street in general would have AVOIDED these encounters. As previously stated, 2 years of my life were spent on the street before someone actually helped me find a job and taught me WHAT MY PARENTS NEVER DID. My father bought himself a $100k+ RV and paid for my sister to go to UCSD, also paid for her to have a new vehicle. It has taken a very serious toll on my mental health. Bottom line is, I am in serious pain, every day, I either cry or come close to the point of crying because of this injustice. I am not overreacting or being dramatic here, I am being truthful and honest. Life feels so hopeless and I am in extreme pain. SOMETHING MUST BE DONE!

What state are you in, and where was your mother during all of this?

"Due to the fact I suffer from a mental disability it can be argued that I am incapable of being expected to know these laws and I cannot be expected to know 1) how to file a claim 2) when to file a claim or 3) anything even involving civil litigation in general. "

Due to the fact that you were able to get on the internet, find this website, do research for this post, and organize your thoughts in a coherent and logical order - I think any litigator would be able to prove you are quite capable and competent.

This is in California, once again please disregard the comments that have no bearing on this request for legal advice, thank you

I have no mother, I was always treated like a bastard child and also ostracized as such. The sister is a half sister w/ his current wife, and they favor her over me. 525601minutes is not qualified to give any sort of legal advice and these statements he is making have no bearing on the civil injustice that has taken place.

At the time when dad dumped you off, CPS or social services might have made a fuss if they had been contacted. It could have gone one of two ways: either they would find that he set you up with sufficient food, shelter, and ability to attend school, or that he didn't. If he put you in a physical state of neglect, then they could have taken action like putting you in foster care, and even bringing criminal charges for neglect against him. But 7 years later, none of that is going to happen. The unfortunate aspect of our child protective services is that they only look for a minimal standard of care - is the kid clean, fed, clothed, lacking obvious physical signs of abuse and getting to school? If the answer is "yes", then the parent passes - OR whoever the parent has designated to care for the child passes.

Now when THOSE people kicked you to the street, CPS could have gotten involved AGAIN - locating your father to re-assume his legal responsibility, or getting you into a foster home. Either way you'd have been off the street. Were you going to school through all of this? Did you ever talk to your school counselor? This is all pretty common stuff where multiple courses of action could have been taken. At 17, you're right, no one would expect you to know to file a claim - BUT people like school counselors are mandated reporters and THEY should have gotten involved on your behalf or at least pointed you toward assistance. 17 IS old enough to be able to ask for help and young enough where no one would expect you to live without help.

The unfortunate answer that you're not going to want to hear is that at 24, there isn't going to be any kind of criminal case. As for a civil case, I personally wouldn't hold my breath - but since dad DID set you up with another family, and THEY are the ones that ultimately kicked you out on the street, not dad - so dad isn't the proximate cause for why you ended up on the street - thus your cause for action isn't against dad anyway. So if you want to try to sue someone for being homeless - it should be the people who chose to kick you out, rather than get you back with dad, other family, foster care, etc. And while it might not be fair, there isn't a legal standard that a parent has to treat all their children the same. Sucks, for sure (I know, I went thru the same thing with my step sisters), but that's life.

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Quoting kinesis

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This is in California, once again please disregard the comments that have no bearing on this request for legal advice, thank you

I have no mother, I was always treated like a bastard child and also ostracized as such. The sister is a half sister w/ his current wife, and they favor her over me. 525601minutes is not qualified to give any sort of legal advice and these statements he is making have no bearing on the civil injustice that has taken place.

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How were you behaving when you were kicked out of your fathers home? Did you have a criminal record? What was your behavior like when you lived with the person that Dad placed you with?

this has no bearing on the act of child abandonment that occured.

study law some more, you'll find that child abandonment is illegal. doesnt matter what behaviors are at play, a parent is obligated to be responsible for their youth until the legal age of 18.

im still going to try and contact civil attorneys about this, i am not giving up so easily. my life has been full of detrimental stress and i cant take it anymore. this act of neglect really harmed me. the only thing that would hold it back is like aardvarc said, the 7 year delay.. but i just now realized this today.. how can I be at fault for this?! it isnt my fault

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Quoting kinesis

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I have suffered extreme emotional and mental anguish stemming from this. ...my life is unliveable.. I am a wreck from it.

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I am very certain that this is true. No one is negating this, nor trying to undermine that the circumstances you were put in likely contributed to your current state. However, now that you're an adult, and have the benefit of understanding what happened (that you were victimized), you also have the ability and obligation TO YOURSELF to get some professional help in getting some closure so that you can move towards a more positive life. Even if you got a $1 million jury award, you'd STILL have to take this step - so start SOON or NOW. Check with your local United Way - they can point you to resources like group support, counseling, or therapy specifically geared towards the types of victimization you experienced. Again, the legal issues aside, life isn't suddenly going to get better even if you DID win a settlement.

You might also check out

Books for Adult Survivors of Childhood Neglect or Abuse

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Quoting 525601minutes

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"Due to the fact I suffer from a mental disability it can be argued that I am incapable of being expected to know these laws and I cannot be expected to know 1) how to file a claim 2) when to file a claim or 3) anything even involving civil litigation in general. "

Due to the fact that you were able to get on the internet, find this website, do research for this post, and organize your thoughts in a coherent and logical order - I think any litigator would be able to prove you are quite capable and competent.

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I stand by my comments and again suggest you get psychological help for yourself. I can find nothing in any of your posts to suggest that you have any legitimate cause for legal recourse.

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Due to the fact I suffer from a mental disability it can be argued that I am incapable of being expected to know these laws and I cannot be expected to know 1) how to file a claim 2) when to file a claim or 3) anything even involving civil litigation in general.

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Then please explain why you posted this over a year ago.

http://www.expertlaw.com/forums/showthread.php?t=18044

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kinesis12-15-2006 07:18 AM
Suing My Parents For A Ruined Life

My parents dumped me at a friends hous at the age of 17 and moved to northern california. I am 23 now. I know there is a law saying you have to sue within a certain amount of time, but this is something that permanently damaged my life. They were bad parents, yet they were lawyers with money. their alcoholism even made me worse. they have totally abandoned me as a son, in favor of their daughter (its step mom and my dad), shes living the kush life they just bought her a new car and they are totally favoritizing her, while i spent a harsh life on the STREETS for two years, with NO CLUE of what to do. I am very thankful that one day a friend to turned me on to register for SSI and it saved me from the streets... As a result of my damaged childhood and emotional state, and being on the street - I comitted crimes that I normally would have not comitted had I had a good family.

I feel like suing them for damages. Would this be civil? I am equipped only with their area code and telephone number - how could I file suit with just this information? Is there a service to trace it to an address so they can be served? Could I hire a Private Investigator to do this for me? I have very little actually almost no money and my life has been miserable because of my family. I am permanently damaged and spent two years on the streets. I have also been told by my step mother that I will not be receiving inheritance. Right now it's Xmas time and I'm in desperate need of a loving supporting family, something which I have been taken for and dealt a bad hand. I NEED to sue them or I will never have anything in this life, Im disabled and emotionally scared, its hard for me to even hold a minimum wage job(i receive ssi and im always going hungry becaus it pays the BARE minimum for my housing clothing etc) I dont nesacarily want everything they own maybe just half the assets or their $150,000 RV. I just want to be happy in my life for the first time.

How do I get this started? What steps should I take? What branch of law is this? Would I just call a civil attorney? I don't have the money for this, would any attorneys take it pro bono for a cut of the winnings? I am more after the step mother I feel she has taken control of my father and made him worthless. Help me out guys I need to get my life back.

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I hope you get the help you desperately seem to need. Until you do, I don't think anybody will be able to get through to you that you are an adult and are responsible for your own actions now.

Good luck.

You don't seem to grasp the fact that YOU shot down your 'legal grounds' to sue your parents.

You said that you just discoved 2 DAYS AGO that your parents were the reason for your problems. (and really, 99% of the population could state the same). The biggest problem is that you posted essentially the same question over a year ago with the same 'basis'.

Here's your legal advice based on the information you have provided.

Pay your rent. Stop getting into legal trouble. No, you cannot sue your parents.