Legal Question in Civil Rights Law in California
Can a mother sue a custodial father and step mother for intentional or negligent infliction of emotional distress for her son being molested while in their home?
2 Answers from Attorneys
If the son is a minor, she may sue on the son's behalf if she is designated as his guardian ad litem. However, if the father still has custody, this might be a criminal matter and child protective services likely should be notified so that the child can be removed from an abusive home. In addition, the mother should go to family court to try to change the custody arrangement.
She can file criminal charges with police and Child Services, and may be able to bring legal action against the custodial parents in court. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
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