Can I still file against my parent for abuse that happened years five years ago? What about witnessing domestic violence?

Asked over 2 years ago - Indianapolis, IN

Can I still file against my parent for abuse that happened years five years ago? What about witnessing domestic violence between them? My parents are going to court soon to fight for supervised visits with my father. They have been divorced for almost four years and he still refuses to change. He puts notes on the fridge and cabinets telling my sisters to stay out, but sleeps up to 11-12 hours during the day while they are up by themselves. The girls will go for hours without eating and will go the entire weekend without bathing. The oldest child is 16 but has autism and the other child is 8, they tend to snack on cereal if they can sneak it. Can he lose custody totally? How could we make this happen?

Attorney answers (1)

  1. Mark Alan Mackin

    Contributor Level 14

    Answered . the behavior you describe may be abuse and neglect. There should be a child and family services department or department of health in your state that enforces abuse and neglect laws. You could call the police department or report through your local school counselor, or call the department directly. You can report anonymously, and your identity should be kept secret. Such things do leak out though, and your father or mother may retaliate. And, If the social worker investigates and finds neglect or abuse, you and your siblings may find yourself living in a foster home, or split up into several homes. The abuse you suffered years ago would be taken into consideration. Both of your parents could lose custody as your mother divorced this guy but then lets him live there. Visitation rules are meaningless if both parents are living in the same house.
    Is there an adult relative you trust that you can talk this over with? Or do you trust a school counselor? This is a lot to take on yourself, so you want to be sure. Best to talk to someone first.

    DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce and Spousal Abuse

Divorce is always an option for someone who is being abused by his or her spouse. The freedom to leave your marriage is an American right.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,723 answers this week

2,985 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,723 answers this week

2,985 attorneys answering