Dallas, TX asked in Family Law, Foreclosure, Child Support and Probate for Texas

Q: Any options to sue horriable father?

My uncle ended up racking up $27,000 worth of back taxes and so the bank foreclosed on the home and was no will accordingmy cousin whose father has passed away revieved a part of the money that was left after the taxes were paid and the rest was split between my father,uncle and cousin (whos father passed). I'm just as much a part of the family as my cousin is and my grandmother would have wanted me to get same part.but sadly my father,whos a incredibly selfish,child molesting, narricist is still living. I know that sounds harsh but I many justifiable reasons for saying that.he never even paid my mother any child support .which i looked into sueing him but my mother was too nice and never took him to court.so not court ordered, has never been. I'm just wondering if I have any kind of options whatsoever to legally do anything to get a fair part i think i should revieve id honestly like to sue him for emotional distress if i could in some way hes put me through alot.any legal options?

1 Lawyer Answer
Michael Hamilton Rodgers
Michael Hamilton Rodgers
  • Dallas, TX
  • Licensed in Texas

A: If your father sexually "molested" you as a child, you may be able to sue him for for sexual assault. This depends on how old you were when the molestation occurred and how old you are now. There are civil statutes of limitation on suits of this nature which may prevent your suing him for money damages. Also it helps if you have verifiable history of harm, like documented treatment for Post-traumatic Stress Disorder (PTSD) or some other recognized psychological or psychiatric illness.

With respect to child support, check with the Child Support Division of the Texas Attorney General's Office to see if you have any right to sue your father directly for past child support. If you have such a right, the amount you may be entitled to receive depends on many factors, such as how old you were when your parents ceased to live together and what was his income during those years he should have been paying child support.

Also, you should check with your county's Criminal District Attorney's Office to see whether your father can be prosecuted for sexually molesting you. Again, your age at the time of the molestation as well as your age now will be used to determine whether he can still be prosecuted. Just a few years ago, the criminal statutes of limitations on child sexual abuse were extended for many of those offenses. If your dad can be prosecuted, you may be able to get restitution for any monetary damages associated with his behavior, such as medical bills, lost wages among others.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.