Peru, NY asked in Family Law, Personal Injury, Child Support and Small Claims for New York

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.

1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
  • New York, NY
  • Licensed in New York

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,

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