Can a parent sue a child for fraud?

Answer 1

In general, yes. In some states as long as the child has a legitimate concern about living with either parent, they are entitled to apply for Welfare (TANIF/GA) and in so doing, begin Child Support proceedings on their behalf. For more accurate information, please remember to specify the State your matter is in.

Answer 2

Yes, although the court will usually appoint a guardian ad litem to handle the lawsuit for the child. It is not uncommon in certain cases, such as where a child is injured in a car accident where the parent was At Fault or where a parent inflicts injuries on the child by excessive use of corporal punishment in disciplining the child. The child has a right to sue the parent for damages just as a stranger would have if the parent's action had caused injuries to that person. The child has rights that are not disregarded just because the rights are being abrogated by the parent, although these rights are limited by the legal obligations of a parent. In other words, a child cannot sue a parent for false arrest or kidnapping when sent to his or her room (even if without dinner) for being unruly.

Answer 3

Generally speaking minors may not bring suit against someone, because by definition they are "legally incompetent". Suits on behalf of minors generally must be brought by a guardian (typically the child's parents, which would obviously be a conflict of interest here, but possibly a court-appointed legal guardian or guardian ad litem).

If the child is a minor, then this may be the crime of child abandonment. Or it may not be, if "expelled" means "forced to go to boarding school or some kind of behavioral camp." Turning a minor out to live on their own is illegal. Forcing a minor to go somewhere the child doesn't want to go (but where they're still fed, sheltered, and supervised) is not.

If the child is an adult, then in the absense of a contract stating the child is allowed to live in the home (or if the child is part owner of the home), the child would have no grounds for suing the parent.

Answer 4

It depends on the age of the child first. With documentation and proof of your case you should be able to pursue a suit.