Can I sue child protective for withholding the fact my mentally ill son was raped while in his father’s care?

They never informed me until a year later when it happened again.

Asked on May 24, 2012 under Personal Injury, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is the issue. If you are not the legal custodian of your child, or don't have parental rights, then no, you cannot sue on your son's behalf. If you have some parental rights but the child is not in your care or was not in your care while this occurred, you should speak to an attorney about the impression it gives a court. After all, you don't want to compromise your son's case. At the very least, there may be a way to appoint a guardian ad litem (if one has not already been appointed) to help your son through the system. Talk to an attorney; it is your best chance at getting some resolution to these events but do not wait.


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