Should I sue my dad or not?

Question

Okay...I lived with my dad and my step mom and They were getting a divirce and we moved out to my grandmas then my lil brother and I went to my moms for the summer ..and Decited to stay there instead of cumming back to my dads...Okay He Refuses to sign over custady ...and I no HWy He doesnt want to pay child sopport But When I went to his house to get my stuff he told my 8year old brother and I that he hated us and Doesnt love us ...Should I sue Him 4 Abondonment Becuz im 15 and my Brother is 8 and he Is really a jerk ...But should I sue him For abondoment and To get my stufff since he wont give it to me

Okay the reason my dad wont pay is becuz he doesnt like my step dad and we have a lawyer but my dad wont sign!!!And when we lived with my mom she paid

Answer 1

IF he said that stuff, then heck ya!

Answer 2

I don't think you can sue your father for the reasons described. What you can do is have your mom call an attorney and ask for custody. Tell the lawyer what your dad has said and done to you and your brother and let the judge decide. If your father is as big of a jerk as you say, your mom will be awarded custody and he will have to pay child support or be in violation of a court order.

Answer 3

It sounds to me like your Dad is hurt and p!ssed off, because the two of you decided to stay with you mother instead of returning to him after your summers visit. Most states will allow a child to choose which parent they wish to live with when they reach the age of 12 or so. You would qualify for this, but your 8 y/o brother does not! If he stays with your mother, she could very well be charged with child stealing, because she is in violation of the custody ruling. You can't sue your Father for abandonment! In the first place it was you and your brother who abandoned him! As far as your "stuff' goes I really don't think that he is obligated to give it to you since he is the one that provided it in the beginning..Just out of curiosity's sake, why did your Dad have custody if the first place? Very few courts will give fathers custody in the divorce proceeding, unless of course the mother is proven unfit or if she voluntarily gives up custody. Also was your mother ordered to pay support? Did she? It appears to me that this whole nasty situation could have been avoided had you returned to your father when you should have.

I also suspect that there is more going on here than what you are telling us. I would guess some issues concerning you wanting to have more freedom than your Dad is willing to give to you, and since you are now at your mothers, and she is more permissive, you have elected to stay with her. How close to being correct am I? That's more rhetoric than anything else, because at the age of 15 I really don't expect a truthful answer from you.

Answer 4

You can't sue him for abandonment. That only works if he's gone more than a year without speaking to you or paying child support. He didn't abandon you- he's being a jerk because you want to live with your mom.

Have your mom sue him for child custody and child support. The adults in the situation are the only ones that can do anything.

Answer 5

No, you can't sue him because he doesn't want to sign over custody. He's your dad, like it or not. Plus, you never sue family, that's just the wrong thing to do.
Deal with it until you are 18, then you won't have to worry about it anymore. And your stuff is probably all things he bought, so he doesn't have to give them to you. It makes him a jerk, but it's not illegal.

Answer 6

You do not have any rights to sue him. He has not abandoned you because YOU were the one who decided to not return to live with him. If he has custody, he could "force" you to go back and live with him. It is his right to do that. He also doesn't have to give you any of your "stuff" because it is considered to be things he provided for you. Your mother could try to get the custody changed and get child support but again he could enforce the current custody so you would be taking a chance.

Answer 7

I don't know that you can sue your dad, but perhaps talk with your mom about custody. She can go to court to change custody, and also talk with her attorney about getting your things back for you.

If your brother wishes to live with your mom, then perhaps he can talk to the Judge. Sometimes the Judge will talk with children and ask them what they'd like to do... your brother has to remember that, once he makes a decision it's final. And it also costs money to change custody (attorney and court fees), so don't take this lightly.

Perhaps you can also make amends with your dad.

Divorce is difficult for children, and i sure hope things work out for you and your brother. hugs

Answer 8

I am sorry you're in such a bad situation at such a young age. I thinks it best if you and your mom try to talk to him first and if he still refuses, tell him you'll sue and if hes really that stubborn SUE. But I'm not familiar with law so it best if you do some research on that first. You can probably have your school consoler help you do something about it? Good luck girl.

Answer 9

you are very young, what does your mother think about this? i would discuss this with her and see what she thinks you should do. it's hard to believe a father would say those things to his children; if he really did, i'd say you have a good case. however, sueing someone is not easy. it's an awful process, especially when it's your dad. i know you're old enough to make many decisions for yourself; i'm just worried about you having to deal with such an awful situation and it scarring you. it might be easier to move on without him, if that's possible (legally with your mom and all)

Answer 10

i do not think that you should sue your own dad i do not even think that you can do it with out a parent or someone that is 21 and older