Q: Can I take any legal action against my parents for childhood abuse and neglect resulting in severe mental illnesses?
My mother never paid child support even though she was not the custodial parent,at17 years old she let me live there for only less than a month before making me homeless.She has always been inappropriate with me making me take off my shirt to take pictures of me while I was in the mental health unit for having a psychotic break(where phones were not permitted) I asked multiple times for her to leave and she wouldn't which made my mental health conditions much worse resulting in panic attacks, nightmares and shaking.My father abused me physically (choking,beating) as well as making me homeless at the age of 17. when I was a child he would always get into physical fights with random people in front of me even throwing beer bottles at my brother, while he was driving he even threw his garbage at another car full of random people screaming at them while I cried.I now have ptsd, depression and bipolar with psychotic features.I'm not sure if I can take any legal action due to me being 25.
A: So sorry to hear about what happened to you. Unfortunately, from your description, it appears the Statute of Limitations (SOL) on any case has long since expired. The SOL for intentional torts such as abuse is only one (1) year from the time you turned 18. New York does not recognize a cause of action for negligent parenting. Here's a case I found online which also seems to support this proposition, i.e. that a parent's negligent failure to supervise does not constitute a tort actionable by the child, https://law.justia.com/cases/new-york/court-of-appeals/1997/90-n-y-2d-576-0.html
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.
