Q: Legal actions involving past brain injury and child custody issues after 13 years.
In 2009, I was thrown out of a vehicle by my ex-husband, resulting in a brain hemorrhage. I survived but now suffer from mental issues and experience panic and anxiety attacks. There are medical records documenting the injury. I didn't pursue legal action against him at the time because he took my children and has kept them from me for 13 years. What legal actions can I take now regarding the incident and the ongoing situation with my children, given the time that has passed and my documented injuries?
A:
It is unlikely that you can take any action against your ex-husband based on the 2009 incident now because of the statute of limitations, depending upon where that incident occurred and whether your injuries resulted in you being rendered "mentally incompetent."
You can take action in family court to enforce the terms of the court's possession order with respect to your children if he is in violation of that order. You should take your court order to an experienced attorney who practices in the area of family law in or near the county where your children live for a consultation.
Raymond Chow agrees with this answer
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