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  #1  
Old 03-05-2014, 02:40 PM
ASTalumna06 ASTalumna06 is offline
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Should kids be allowed to sue their parents?

In this case, I think this girl feels completely entitled and doesn't understand how the world works. And if she was truly abused, I don't think she'd be looking to sue for college tuition.

http://www.today.com/moms/judge-deni...ey-2D79321954#

What say you, GCers? Would there ever be a reason to rule in favor of a child attempting to sue their parents?
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  #2  
Old 03-05-2014, 03:03 PM
DubaiSis DubaiSis is offline
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I think there would be times where a child could sue the parents, but in the teensy bit of information I heard about this story, I don't think so. Unless there was a contract of some kind promising college. Being born rich =/= any such contract.
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  #3  
Old 03-05-2014, 03:54 PM
DrPhil DrPhil is offline
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Allowed? I guess they can file a lawsuit. A man sued a restaurant for not providing enough napkins.

Will it be successful? No.
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  #4  
Old 03-05-2014, 04:02 PM
NinjaPoodle NinjaPoodle is offline
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I think for serious situations i.e. mental physical abuse, etc.yes. For frivolous crap, no.
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  #5  
Old 03-05-2014, 07:40 PM
tuco99 tuco99 is offline
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Obama should sue his father for abandoning him. His father should pay reparations.
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  #6  
Old 03-05-2014, 08:16 PM
WhiteRose1912 WhiteRose1912 is offline
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CNN has some more information. In NJ, children aren't considered emancipated when they turn 18; her parents are still legally financially responsible for her. The first round of claims was denied on the basis that she's not in any kind of emergency where she would need funding right away, and the high school has agreed to cover her tuition, so tuition reimbursement from the parents is unnecessary. The parents have been investigated for abuse before, though nothing came of it. Another family (not her boyfriend's parents) felt her abuse claims were substantial enough that they are housing her and paying her legal fees. To me, that raises some questions.

The most interesting issue in all this for me, is if she's had a college fund set aside for her her entire life, can her parents decide to keep it at the last minute (a semester before attending college) because she's breaking house rules?

I'm hesitant to say anything either way. It sounds like the parents weren't doing anything wrong, but I've seen enough abusive, narcissistic parents who presented a good front that I wouldn't feel comfortable forming an opinion.
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  #7  
Old 03-05-2014, 10:13 PM
Psi U MC Vito Psi U MC Vito is offline
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That is an interesting question about the college fund, and might depend on the exact nature of the fund.

About the abuse investigation, while I agree that raises some questions, DYFAS has a very very spotty reputation, both for under reaction and over reaction. So the simple fact they were investigated might mean nothing. *shrugs* I'm interested to see what happens here.
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  #8  
Old 03-05-2014, 11:05 PM
amanda6035 amanda6035 is offline
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  #9  
Old 03-06-2014, 12:32 AM
southbymidwest southbymidwest is offline
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What a mess.

Unless there is real abuse going on (and sorry, the old "my dad is being so mean he hates my boyfriend, he just doesn't understand" does not constitute abuse in my book), she has chosen to not abide by her parents' rules and has chosen to live as an adult. Fine. She cannot have it both ways, however. No one is owed a college education. There are plenty of kids who had/have to do it on their own for a number of reasons. And yes, the parents may have a college fund like we did, but had our girls decided to not go to college (or culinary school or whatever), then that fund would have become my re-do the kitchen and bathrooms fund.

OF course I say this while remembering the story about the girl at U of Cincinnati whose parents went off the deep end, started tapping her phone and computer, were stalking her, among other bizarre things, and ended up being hit with a restraining order, so you never know.

What bothers me the most though, is that the girl's friend's dad is the lawyer who initiated the lawsuit for her. She and her parents should be working with a counselor to figure it out, he is driving a larger, perhaps insurmountable wedge between her and her parents.
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  #10  
Old 03-06-2014, 05:25 AM
Dnpgopenguins Dnpgopenguins is offline
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Quote:
Originally Posted by southbymidwest View Post
What a mess.

Unless there is real abuse going on (and sorry, the old "my dad is being so mean he hates my boyfriend, he just doesn't understand" does not constitute abuse in my book), she has chosen to not abide by her parents' rules and has chosen to live as an adult. Fine. She cannot have it both ways, however. No one is owed a college education. There are plenty of kids who had/have to do it on their own for a number of reasons. And yes, the parents may have a college fund like we did, but had our girls decided to not go to college (or culinary school or whatever), then that fund would have become my re-do the kitchen and bathrooms fund.

OF course I say this while remembering the story about the girl at U of Cincinnati whose parents went off the deep end, started tapping her phone and computer, were stalking her, among other bizarre things, and ended up being hit with a restraining order, so you never know.

What bothers me the most though, is that the girl's friend's dad is the lawyer who initiated the lawsuit for her. She and her parents should be working with a counselor to figure it out, he is driving a larger, perhaps insurmountable wedge between her and her parents.
I was abused by my parents. It annoyed me to no end when I was in high school and other girls would bitch about how horrible their parents were cause of something like you mentioned. No, that is not abuse, that is just parenting.
I think the problem with this issue is that we, at least me, don't really know what is going on. Speaking from experience pretty much everyone who knows my parents will defend them. Growing up I heard, 'Oh, your so lucky to have them as your parents." it was because of this that I did not understand that it was actual abuse. My point, you never know what is going on in someones house.

Do, you think that the friends parents are pressuring her or maybe have convinced the teen to sue her parents?

This topic is kinda of hard for me. I was abused, but also my parents kicked me out at 18 because I did not follow their rules. however, they decided that as their child I had to obey them. And because of this they decided that they wanted grandchildren and that I had to provide them these grandchildren. But, if you talked to my mom about this you would get a complete different story. The way she tells it is that i was an out of control teen who was running wild, disobeying God and doing whatever I wanted. Or my version, I was working and going to community college, planning on transferring to a 4 yr school so I could get away from my parents. My parents version is that I don't need a college education to have a baby so therefor I was disobeying them and God, you know cause I have to obey my parents.
I only say this cause there are ways to spin stories to make the other person sound like the bad person. I do have my own personal view on these things, but as objective as I can be I still don't feel like we know the whole story.
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  #11  
Old 03-07-2014, 01:51 PM
OPhiAGinger OPhiAGinger is offline
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I'm sorry to hear about your family situation, DNP, and I agree that none of us can fully understand the dynamics of that family. Hopefully the truth will come out in court.

But, in your situation which was truly an abusive one, do you feel like your parents owe you the cost of a college education? I think that's the part that is over the top and has people siding with the parents before they know the whole story.
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  #12  
Old 03-07-2014, 04:42 PM
andthen andthen is offline
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The older and (hopefully wiser) I become, I have realize that there are three sides to every story. The parent's side, the kid's side, and somewhere most likely in between the truth.
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  #13  
Old 03-07-2014, 05:35 PM
KDCat KDCat is offline
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18 year olds don't get to sue. This kid is facing a problem faced by thousands of kids every year: Do I move out of the house and tell my parents to go eff themselves, or do I do what they say (no matter how awful) so they keep paying my bills? Making that choice sucks, but it's one that lots of people face. This kid did an impulsive thing by just leaving. She would have been smarter to bide her time, get to college (just a few months away), and then back away from her parents slowly.

Under 18: In Illinois, at least, kids under 18 (or their creditors) have the right to sue for support if their parents boot them. Parents are obligated to pay housing, food, and medical expenses until an unemancipated child turns 18, regardless of whether the kid is at home. (I'd have to look to see if clothing and tuition are also covered.) Or course, the parent would also have the right to drag the kid home, too.

In a case like this one, if the parents told the kid to leave, and the kid was under 18, the parents would be obligated to pay for her support until she turned 18. ( She could also legally sue to be emancipated, but I don't know what the court would do about support for a 16 or 17 year old that has been given adult legal status early. )

I'm comfortable with the 18 year old cut-off. At 18, you can join the Army or get another job. It's tough, but not the end of the world. My mom was married and the mother of a toddler when she was 18. My grandmother was helping run a farm and raising two kids at 18.

Last edited by KDCat; 03-07-2014 at 05:39 PM.
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  #14  
Old 03-07-2014, 06:47 PM
Kevin Kevin is offline
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In some cases, 18 year olds can sue for long-term support. In Oklahoma, a child is entitled to support until 18 unless that child is regularly attending a full time high school. Then, CS can run through the age of 21.

There is also a statute from 1910 or so which says parents have a duty to provide for their children.... a 35-year-old ne'er do well has yet to attempt to sue his parents for support under that statute, so who knows?

Also, child support doesn't go to the child, it goes to the parents or guardians. I don't think this young lady would have much of a shot under Oklahoma law, but the attorney arguing the point might get props from the judge for such a creative legal theory before she dismisses the case.
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  #15  
Old 03-07-2014, 07:59 PM
ASTalumna06 ASTalumna06 is offline
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My main problem with this story is the demand for college tuition. There are plenty of students in this country, who have loving parents, who don't get sent to college on a free ride. They have to pay for it themselves. This is what makes me think she's entitled. A parent may be required to take care of their children until they're 18, but going to college is a privilege, not a right.

And if her complaint is that her parents were abusive, wouldn't she be better off suing for pain and suffering, or something similar?
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