Legal Question in Civil Rights Law in California

Re: Child Abuse As Violation of Civil Rights

I am saddened that a child's father could cause his child so much pain. She may sue him and you may act as her guardian ad litem. However, you may also be exposed to some liability if it may be shown that you negligently failed to protect her. Were you married at the time of the abuse? Does her father have separate assets? Please call me directly at (619) 222-3504.

Re: Child Abuse As Violation of Civil Rights

This is an extremely complex situation.

Technically, your daughter may not sue her father now on her own since she is a minor and cannot file a lawsuit on her own until she is 18. However, a lawsuit may be brought on her behalf by someone acting as her legal representative, appointed by the court after application, who is know as a "guardian ad litem." This can be done by means of having either you be appointed, but the better way be to have her mother, or even a family friend or other relative, depending on the facts of the case, be appointed by the court to act on her behalf.

As mentioned in the first response, there is the potential problem, which could result in a conflict of interest with either you or her mother acting as guardian ad litem, if either of you either knew or SHOULD HAVE KNOWN that the father was abusing her. This could result in your being found partially responsible, known as "contributorially negligent" and therefore financially liable to her in addition to the father. There is even the slight possibility, depending on the possible level of negligence, if any, of you (mother and/or you) being held criminally responsible or daughter being taken from you. Therefore, you should think about consulting a different attorney than the one you would use to sue the father to explore any possible consequences you two might face.

Lastly, daughter has, as a minimum, at least 1 year after her 18th birthday to sue father on her own (and possibly much longer, I'd have to do legal research to give an exact answer).

In deciding whether to sue now, or wait until later, it would very wise to consult her therapist regarding the possible length of treatment needed, possible effects on her as an adult, etc. Be sure to hire an attorney who has ACTUAL prior experience in these matters to aide in the decision as to when a suit should be brought.

Good luck.