What are the reasons to sue a parent?

Asked by: Viviane Reinger  |  Last update: October 23, 2025
Score: 5/5 (26 votes)

Abuse Survivors Can Legally Sue Abusive Parents If you are an adult survivor of child abuse and the abuser was your parent, foster parent, or legal guardian, you have the legal right to file a lawsuit for damages. Winning a civil lawsuit against a parent for unreported abuse will be difficult, but not impossible.

What are things you can sue your parents for?

If they robbed you at gunpoint, you could sue them for for theft. If they used copied your invention as a part of their products, you could sue them for patent infringement. If they built their fence across your property line, you could sue them for trespass and make them take it down.

Can you file a lawsuit against a parent?

Adult survivors of child abuse inflicted on them by a parent, foster parent, or legal guardian have the legal right to file a civil lawsuit for damages, but these cases rarely move forward because most personal injury settlements and judgements are paid by an insurance company and parents don't keep insurance policies ...

How to sue a parent for emotional distress?

Second, to pursue a claim for emotional distress, you have to either tie the emotional distress to a physical injury or demonstrate intentional acts that are so outrageous as to be utterly intolerable in a civilized society. This is a very high standard and requires allegations that can truly shock a judge.

At what age is a parent not legally responsible?

The Duration of Parents' Legal Obligations: The Basics

In most states, parental obligations typically end when a child reaches the age of majority, 18 years old. But, check the laws of your state, as the age of majority can be different from one state to the next.

Can I Sue The Parents For The Action Of A Child?

43 related questions found

What is violation of parental responsibility?

In the 1990s states started to adopt parental responsibility laws to combat youth crime, and these laws still exist in most states today. In the state of California, a parent or legal guardian can be held liable when a minor damages property or causes personal injury.

Can parents be sued for their kids' actions?

In the State of California – yes. California's “parental responsibility law” can impose criminal charges and penalties on a parent for the criminal actions of their children. Additionally, California parents can also be held liable in civil court for damage or harm caused by their children.

What is proof of emotional distress?

Gathering compelling evidence is fundamental to constructing a robust case for emotional distress. The documentation should encompass a comprehensive range of materials, including medical records, therapy or counseling records, eyewitness testimonies, and expert witness testimony.

Is suing for emotional distress worth it?

One of the core problems with suing for emotional distress is that it's hard to put a financial value on what you're experiencing. Unlike a broken bone that can be seen through an x-ray, the trauma you've experienced isn't as evident, and it ranges widely in severity from one person to the next.

Can you sue for malicious parent syndrome?

If the parent exhibiting malicious parent syndrome is violating a custody order, the affected parent may file a motion to enforce the order to ensure compliance with visitation and custody arrangements.

Can an adult child sue a parent?

An adult child suing for child support may be able to sue a parent for child support in arrears, if the adult child is the designated executor or representative of their custodial parent's estate.

What is parental immunity?

Parental immunity is a legal principle that says children cannot sue their parents, and parents cannot sue their children, for tort claims. This means that if a child is injured by their parent's negligence, they cannot sue their parent for damages.

Can your parents take your phone if you bought it?

So legally speaking, no. Even for minors, the law on personal property applies the same as it does to adults. This means that if you paid for your own phone and you are paying for it from your job, your parents have no right to take it from you at all. Technically, you could sue them for that.

How much can you sue someone for emotional abuse?

Generally, these claims are worth $30,000-$50,000. The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances.

Can your parents take your phone at 16?

Generally speaking, a parent can still take the phone away from the child and search through the phone. While the phone may belong to the child, the parent is able to exercise control over the device if the parent believes it is in the child's best interest.

Can I sue CPS for defamation of character?

Below I'll discuss reasons for a potential lawsuit against CPS: False Allegations: If CPS falsely accuses you of child abuse or neglect, and these allegations harm your reputation or cause emotional distress, you might consider a defamation lawsuit.

Do I need a lawyer to sue for emotional distress?

Proving that emotional distress took place can be a difficult legal claim to support. As with any lawsuit, working with an experienced lawyer who can help you collect pertinent evidence is one of the best ways to seek success in your case.

How do you calculate emotional pain and suffering?

It entails totaling your economic damages and multiplying them by a variable. Typically ranging from 1.5 to 5, higher variables are assigned to more severe cases. For instance, if you incurred $100,000 in economic damages and a 1.5 variable is applied, your pain and suffering damages would amount to $150,000.

How hard is it to win an emotional distress case?

Challenges in proving emotional distress often stem from its invisible nature—unlike physical injuries, you can't show a scar or an X-ray of your pain. To build a strong case, plaintiffs need concrete proof that ties traumatic events directly to their mental suffering.

What is proof of depression?

Common signs and symptoms of depression include: Persistent sad, anxious, or “empty” mood. Feelings of hopelessness or pessimism. Feelings of irritability, frustration‚ or restlessness. Feelings of guilt, worthlessness, or helplessness.

How can I prove emotional trauma?

However, evidence frequently used to prove an emotional distress case includes:
  1. Eyewitness testimonies.
  2. Police reports.
  3. Photographic or video evidence.
  4. Medical records.
  5. Therapy records.
  6. Journal entries.
  7. Expert testimonies.

What are the reasons you can sue your parents?

It includes physical, emotional, and sexual abuse. Victims of child abuse and neglect deserve justice.

Can you sue a parent for negligence?

It may not be conventional, but yes, you can sue your parent, child, or other family member if their negligence injures you! Several years ago, I represented a sweet, young 7-year-old girl who was severely injured when her mom ran a red light, and their car was hit broad-side.

Can you be sued for parental alienation?

A: Parental alienation is not considered a crime in California, so you cannot sue exclusively for parental alienation. However, you shouldn't let this discourage you from seeking legal guidance in such a stressful situation.