Legal Question in Civil Litigation in Michigan
Civil action against parent and step parent
My Daughter was molested by her stepfather(he a received felony conviction)her natural mother sided with the stepfather, she has come to live with me (natural father, through an agreement with Child protecive services). I have incurred expenses of about 10K to re-establish her in my home. We requested her belongings be sent to us C.O.D, they were destroyed at her mothers house.
Is there any civil action we can take to recover our expenses, her belongings and compensation for the pain and suffering she has endured?
2 Answers from Attorneys
Re: Civil action against parent and step parent
The answer to your question is yes. Your daughter probably has a claim for assault and battery, for which she may collect damages. I had the exact same case last year where an Ann Arbor jury gave my client almost 1 million. The problem is whether or not the stepfather has the money. Because this is what is called an intentional act - there is no insurance coverage. However, if the mother and stepfather have a house or other property, you may be able to collect from the stepfather's half. It's a case worth consideration if this guy had any assets. I would be willing to dicuss it with you at your convienance.
Don Darnell
734/544-7676
Re: Civil action against parent and step parent
Hello, I have received your e-mail about the unfortunate abuse which occurred to your daughter. The quick answer is "yes", there are some things that can be done to recover your expenses. However, it may be difficult to collect these funds. The conduct of your ex-wife's boyfriend is most likely not covered by insurance. I don't know the facts in detail so I can't tell you whether it is feasible to file a claim against your ex. However, there is a chance that you could recover under the state's Crime Victim Fund. Please give me a call if you would like to discuss this further. John C. Talpos (http://www.Mich-Lawyer.com)