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He abused her physically and emotionally can a law suit be filed even though she has been removed from him and placed with me? There is a pending investigation and The child protective services has indicated him on numerous findings? So who should pay for her long term care? She now has PTSD.

2007-01-15 16:36:54 · 21 answers · asked by cmcbmc1025 1 in Family & Relationships Family

21 answers

Yes you can sue for punitive damages as well as pain and suffering...however, these types of lawsuits can take up to 10 years.... it is very difficult to prove. Let alone, even if you are awarded...to receive payment is a whole other ball game. Also, these types of cases the attorney will want money upfront and if you have about $20k - $60K to dish out for this go ahead but wouldn't that money be better spent on your daughter's welfare? I'd rather put that money towards my daughters future than just trying to hurt my ex.

You need to equate if it's worth it? The litigation, filings, having him in you and you're daughter's life? Sometimes money isn't what is important...think of what is best for your daugther. Would you want your daughter to continue to be having this hang on your head and her head

Let CPS file a criminal suit as opposed to your civil suit. Criminal suits and civil suits are completely different ball games. His suit with CPS is going to be much more severe than your civil suit....I definately know from exprience that civil suits are so stressful.

2007-01-15 16:41:58 · answer #1 · answered by mailjunkie123 3 · 0 0

My fear is that by attempting to sue him, he'll want to be involved ... which opens the door to more abuse. A very vicious cycle that needs to stop, now! I don't know about all states, but the State of Kansas has a special needs-based (rather than income-based) program for "Severely Emotionally Disturbed Children". In Kansas, it's called an "SED Waiver". The parent and the child's counselor make application through the Department of Social and Rehabilitation Services (the welfare office). The application for assistance is based on the child's need for mental health services regardless of your income. If approved, the State provides individual counseling for you and your child, group counseling for your child, and any medications that the child might need in the course of treatment. You have to re-certify annually to stay on the program until your child's needs have been met to you and your child's counselor's satisfaction.

2007-01-15 16:43:59 · answer #2 · answered by kc_warpaint 5 · 0 0

If they are investigating the situation, then he should be behind bars if he has caused any damage to her physically like sexually abusing her. If he ends up in jail or prison, not sure what the case would be, then it is most likely that either you will have to pay it or the state can help pay for her long term care.

Sorry to hear about your daughter.

2007-01-15 16:43:39 · answer #3 · answered by Anonymous · 0 0

that could fantastically be counted on the form of emotional abuse. to not be rude yet abuse is particularly labeled into categories and often we are able to be too gentle esp. while separation is modern-day and the baby visits the different confirm. In an intense case, you would be able to desire to ask this baby to bypass and stay along with her father completely as a exchange of coping with it or shelling out punishments/ harsh words for the baby who isn't in all danger responsive to what abuse involves, no remember if that's happening in any respect. the two techniques, you the two would desire to bypass and notice a counselor and get this taken care of out and convey the baby to a attractiveness of their strikes and the repercussions. do not take it mendacity down yet in addition do not blame the baby who's in all danger being keyed by the daddy. Have endurance with your self, socialize and contain your self in constructive activites with new pepople and prerequisites. that could provide you respiration area and immediately eliminate the cobwebs of destructive thoughts.

2016-10-20 06:50:59 · answer #4 · answered by Anonymous · 0 0

Consult a lawyer on these items....I don't think you'll get a proper legal answer here. Morally the father should be made to pay, but the law works in strange ways.

2007-01-15 16:40:21 · answer #5 · answered by Justlookin 5 · 0 0

You should contact your lawyer and make sure you have all the proper documents from child protective services and any doctors she may have seen. He could ending up paying and serving jail time. Good luck to you.

2007-01-15 16:41:35 · answer #6 · answered by Italionaire 3 · 0 0

I think that every child needs a little beaten its a good personality builder whether two or three personality's the more the merrier. I would go on welfare and let the government pay for it. Its probably there fault any way with all those submical messages on TV.

2007-01-15 16:46:42 · answer #7 · answered by Anonymous · 0 1

I don't know the answer to your question, but I do know that you need to talk to a lawyer. I do think he will have to pay for her long term care and try to make him pay more. He doesn't deserve any slack for what he did to his daughter. My prayers are with you and your daughter. May God bless you and take care of you.

2007-01-15 16:46:33 · answer #8 · answered by Dyan 4 · 0 0

No, you can't sue him, but she can. I did it to my father. PTSD requires strength of mind, not "long term care". What, do you want the money? It happened to her, not you. She will really need therapy when she is about 30. You will not be a shining example of motherhood if you take that childs money. You will go straight to hell.

2007-01-15 16:42:06 · answer #9 · answered by Anonymous · 1 1

Yes, it's a question of whether jail time or allowing him to remain free to work and pay is the better option for you and your daughter. As I just answered a previous post, I believe such "men" should be neutered to resolve their personal failings.

2007-01-15 16:42:11 · answer #10 · answered by Anonymous · 0 0

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