Legal Question in International Law in California

I was born in Canada (mother brazilian/canadian) father (polish/canadian). Both married in Brazil and then father (I was 1 yr old) came back to Canada and never had any contact since. He new where to find me at all times but decided to live with no contact. I was raised by my stepfather that died in 1988. After 30 yrs I found out that my biological father was living in California and we actually met. He lived in Canada for 30 yrs but seems to be illegaly in the US now. I believe his belongings (many antique cars - Rolls royce and Mercedes) are all under his current partners name (they had a son that is now 8 or 9) He had another son on a second marriage and he is 2 yrs younger than me (his mother died). I have a sister 1 yre older in the same situation. When she went to visit he tried to seduce her. I wan't to know if I can seek any reparation for his abandonment and for traumas caused. Which justice should I seek (if any) and in which country. I wan't to know what are my rights and how can I persue them even though I can't afford lawyers. I know he had caused great psycological damage to myself and sister and great sense of rejection.


Asked on 9/27/10, 6:21 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You can't afford lawyers. In any event, you can't sue merely for your hurt feelings, or for things that happened 30 years ago.

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Answered on 10/02/10, 6:31 pm
Luba Smal Smal Immigration Law Office

No, you can't. You want to sue your father based on what right?

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. To schedule a consultation or for more information, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 10/02/10, 7:36 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

There is a tort that allows you to sue if there is an intentional infliction of severe mental distress. It appears that your natural father's impact on you and your siblings was "unintentional," due to his neglect and abandonment and likely not intentional. If you were to ever reconcile and if he acquired lawful permanent residency in the U.S., he might be able to petition for you and your siblings, based on a father-child relatedness--assuming he acknowledged paternity, etc. If your sister was physically touched, etc. by your father without her consent, there may a civil action for assault, though I don't see any damages in your question. As you can see, all of the answers suggest no basis for action or a very slim cause of action, notwithstanding your father's poor behavior.

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Answered on 10/07/10, 7:56 pm


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