Can You Sue Your Parents for Physical or Emotional Abuse?

Adult survivors of child abuse have the right to sue the abusing parent. Learn about justice and compensation for victims of child abuse and neglect.

Child protective services receive millions of referrals each year for children who are abused or neglected.¹

Children have a moral and legal right to protection and safety from abusive parents. The abuse of a child is a heinous act causing permanent psychological, sexual, emotional, social, and physical damage to the child.

Child abuse occurs amid all socioeconomic lines, religions, and cultures. It includes physical, emotional, and sexual abuse.

Victims of child abuse and neglect deserve justice. Adult survivors of child abuse often ask if they can sue the abusing parent. Here we unpack the legal definitions of child abuse and neglect, mandatory reporting laws, and compensation options for abuse victims.

Abuse Survivors Can Legally Sue Abusive Parents

If you are an adult survivor of child abuse and the abuser was your parent, foster parent, or legal guardian, you have the legal right to file a lawsuit for damages.

Winning a civil lawsuit against a parent for unreported abuse will be difficult, but not impossible. For a lawsuit to succeed, you must have evidence the abuse took place. Without documentation to verify the abuse, like medical records dating back to the time of the abuse, police reports, or records of complaints to child protective services, you may not have an actionable claim.

In cases where the parent has been convicted of sexual abuse or physical injury to a child, the abuser may be in jail or prison. While the conviction and incarceration of the abuser is plenty of proof of their liability, they probably don’t have any money or financial assets that could be used to pay any award you might win in civil court.

Statute of Limitations for Child Abuse Lawsuits

A statute of limitations is the deadline for filing a criminal or civil legal action against a wrongdoer.

Most states have an extended criminal statute of limitations for felony sexual abuse. This means the offender can face criminal charges from the state for sexual abuse of a minor child even decades after the abuse occurred.

Misdemeanor sexual abuse and other types of child abuse or neglect can have much shorter deadlines. Abusers found guilty of criminal sexual abuse will be incarcerated.

The statute of limitations for suing abusive parents or family members begins to run when the victim reaches the age of majority, usually 18 years of age. Other than sexual abuse complaints, the deadline for civil child abuse lawsuits is often the same as the personal injury statute of limitations for the state.

In recent years, lawmakers have begun to appreciate the challenges faced by adult survivors of child sexual abuse. The severe psychological impact of sexual abuse often means the victim is unable to recognize and articulate the abuse until well into adulthood. Many statutes run for three to five years after the victim turns eighteen or after the victim “discovers” the abuse occurred.

Seek legal advice from an experienced personal injury attorney about the child welfare laws and victims’ rights in your state.

Defining Child Abuse and Neglect

Federal agencies recognize several categories of child abuse and neglect:

  • Physical Abuse
  • Neglect
  • Sexual Abuse
  • Emotional Abuse
  • Abandonment
  • Substance Abuse

Physical discipline such as spanking or paddling is not considered abuse so long as the discipline is reasonable, and the child is not physically injured.

Abuse in all its forms is typically inflicted by a parent, caregiver, or another person who has responsibility for a child.

Physical abuse of a child is a non-accidental physical injury (ranging from mild bruising to death) caused by pushing, shoving, scratching, punching, kicking or biting, burning with cigarettes or scalding water, choking, hitting with hands or other objects, violent shaking, or otherwise harming a child.

Neglect is the failure to provide for a child’s basic physical, medical, emotional, or educational needs. Examples of neglect include:

  • Failing to provide enough food for a child
  • Leaving young children without supervision
  • Leaving children in hot vehicles
  • Not seeking life-saving medical care for a child
  • Not providing for a child’s educational needs

Sexual abuse of a child includes fondling of the child’s genitalia, breasts, or buttocks; forcing a child to fondle an adult; penetration with a penis or other object; indecent exposure; sodomy; photographing a child’s genitalia or the female breast area; exposing a child to pornographic materials; and exploitation through prostitution.

Emotional abuse, also called psychological abuse or mental abuse, damages a child’s emotional development or sense of self-worth. Emotional abuse may include terrorizing the child with threats of violence or abandonment, locking the child in or out of the home, bullying, manipulating or humiliating the child, constant criticism, and withholding of affection, support, and guidance.

Substance abuse is an element of abuse or neglect that includes prenatal use of illegal drugs that harms the child (such as babies born addicted to heroin). It also includes manufacturing methamphetamine where there is a child, giving drugs or alcohol to a child, and caregiver use of drugs or alcohol that impairs the person’s ability to care for a child.

Definitions of abuse differ among jurisdictions. Find your State Child Abuse and Neglect Laws here.

Gathering Evidence of Child Abuse

Most abusers are adept at covering up evidence of abuse. Using overt or implied threats, the abuser can often manipulate the child into remaining silent. When another adult suspects abuse, the abuser usually has a wealth of excuses.

Domestic violence plays a key role in many child abuse cases. Adults who abuse their partners tend to also abuse their children. Younger children are particularly vulnerable to domestic violence. Approximately eight out of ten children killed by abuse are under the age of four.

Behavioral Signs of Abuse and Neglect

Gathering evidence to support an abuse lawsuit against your parent will be challenging.

Sometimes a child will tell a teacher or another adult they are being abused. You may be able to locate witnesses who you spoke to as an abused child or who may be able to look back and recall what we now know are signs of abuse.

Child signs of potential abuse or neglect may include:

  • Changes in behavior or school performance
  • Difficulty learning or concentrating
  • Untreated physical or medical problems
  • Acting as though on the lookout for something bad to happen
  • Unusually passive, withdrawn, or submissive behavior
  • The child doesn’t want to go home
  • The child avoids a certain person
  • Parent and child don’t look at or touch each other
  • Parent and child admit mutual dislike

Parent or caregiver signs of potential abuse or neglect may include:

  • Blames the child for problems in school, or denies there is a problem
  • Tells caregivers to use harsh discipline with the child
  • Sees the child as a burden, or bad, or evil
  • Doesn’t care about the child
  • Has unrealistic standards for the child to meet
  • Uses the child to meet their own emotional needs

Strong indicators of abuse and neglect are when a child:

  • Steals food or money
  • Lacks needed medical or dental care
  • Doesn’t have clothing suitable for the weather
  • Has unexplained bruises, burns, broken bones, or other injuries
  • Appears frightened of the parents or other adults
  • Abuses animals or pets
  • Has a hard time walking or sitting
  • Refuses to undress for gym class, or participate in physical activities
  • Runs away from home
  • Displays unusual sexual knowledge or behavior
  • Contracts an STD or becomes pregnant, especially if the child is under the age of 14
  • Tries to commit suicide

Child Abuse Victim Compensation

Child abuse and neglect can lead to felony charges or less serious charges, depending on the state where the abuse occurred and the types of abuse. Criminal penalties for abuse and neglect can range from a lifetime prison sentence to supervised probation.

Abuse victims not only want justice, but they also deserve to get compensation for their damages.

Damages for child abuse or neglect may include:

  • Medical costs
  • Rehabilitation expenses for disabling injuries
  • Mental health care costs, including inpatient and outpatient treatment
  • Loss of future income
  • Extreme emotional distress

Crime Victim Compensation Funds

Crime victim compensation programs help victims of violent crimes, including victims of child abuse, by paying the costs of medical care, mental health counseling, and lost time at work during treatment.

Find your State Crime Victim Compensation Program for contact information, application deadlines, and compensation benefit details.

Many state compensation funds make special allowances for adult survivors of child abuse, with extended deadlines and relaxed eligibility requirements.

Resources for Victims of Child Abuse

National Child Abuse Hotline
1 (800) 422-4453

National Domestic Violence Hotline
1-800-799-7233 or 1-800-787-3224 (TTY)

National Association of Crime Victim Compensation Boards
Links to every state’s compensation program

National Sexual Assault Hotline
1-800-656-4673 (24/7 hotline)

1in6 Online Helpline
A helpline for Male Survivors of Childhood Sexual Abuse and Adult Sexual Assault (24/7, free, anonymous)

1in6 Online Support Groups
Support Groups for Male Survivors of Childhood Sexual Abuse and Adult Sexual Assault (free, anonymous)

Child Social Security Disability & Supplemental Income

Child Help

Prevent Child Abuse America

The National Children’s Advocacy Center

Parental Child Abuse Questions