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

UPDATED: May 24, 2012

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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