I think the Americans with Disabilities Act had more to do with that than judicial activism.
I’m sure you can point to studies that show a direct link between “too many mindless cartoons” and harm to emotional wellbeing.
Most kids who hate their parents want to have nothing to do with them. Estrangement happens a lot. Lawsuits where you get in prolonged contact…not pleasant for anyone.
Also, i take it you don’t have kids yourself?
then you’d have every bratty teenager running to lawyers every time their awful, evil, horrible parents won’t let them go to a party or something.
as for the stuff you list which actually cause demonstrable harm to children (neglect/abuse,) these are already covered by the criminal justice system.
Skipping the silliness, what about something that has quantifiable harm? Like, this scenario:
You are an elder brother. Your mother was drinking heavily when she was pregnant with your sister. Your sister was born with fetal alcohol syndrome. You, being a kind and loving brother, are pretty much on the hook for her care for the rest of your life.
It comes to your attention your mother has come into some money - perhaps from her mother. Can you sue her for the money to care for your sister?
What’s the legal standard for being “pretty much on the hook” for an adult sibling’s well-being?
Sure, there are bad parents who screw up their kids. Some instances are truly horrific. You haven’t responded to those that say “there’s no money to be made is such lawsuits.” In addition, courts are going to give parents a huge amount of slack, as they have no interest in getting involved in such disputes. At the extreme it may be clear, but once you allow this type of action, there would be people constantly pushing the next case that is bad, but not quite so terrible. I’ve certainly fallen below the standard of care as a parent now and then. Where would you draw the line? Courts would rather let the criminal courts handle the extreme cases and keep the civil courts out of family dynamics.
How am I supposed to know? Not a lawyer. But someone has to take care of her. If you went to a lawyer/judge and explained your situation, in addition pointing out that you were going to take care of her for pretty much the rest of your life, do you have a case?
Interesting that the OP has chosen to ignore the comments regarding the low probability of collecting damages. Most people file civil lawsuits to collect monetary awards for damages. Most attorneys will only take cases on a contingency basis that they believe have the ability to pay-off.
It’s the lack of monetary compensation as to why you don’t see more cases like these.
On what basis would you have standing? Unless your hypothetical sibling is so disabled to the point of being mentally incompetent and requiring a power of attorney, I don’t know how your simply wanting to take care of her would even give you grounds to sue.
There’s also the consideration that I’d turn around and sue my bratty, ungrateful kids for all that money I put out when they were growing up.
What are my grounds, you ask? Don’t know, don’t care. Maybe the time they almost set the house on fire, maybe the times they wrecked the car when they were learning to drive. My lawyer will come up with something, then we’ll tie ourselves up in court for several years until we’ve spent thousands of dollars, both suits are dismissed and everyone figures out that the courts can’t cure a dysfunctional family.
Actually some (hitting the kid) are but more on the criminal side.
The problem on the civil side is the laws really haven’t caught up yet and there really isn’t a payday for the attorney. There aren’t enough really wealthy people with kids who hate them to make a deep pocket that could be raided. Most of the clients would be middle-class or lower and it just wouldn’t make financial sense.
Why don’t you sue your parents and let us know how it goes?
:dubious: By what standard? If you mean current criminal definitions you what left your kids with no food while you went on a week long drug bender?
Or do you mean the OPs goofy standards of unfit parenting.
Assuming we’re talking about the US and you mean the sibling has “to take care of her” financially, she’ll be eligible for SSI or some other benefit so that wouldn’t be be an issue. If you are talking about someone so disabled they can’t live on their own, there are group homes , etc. There’s no requirement for one sibling to take care of another, so that theory won’t work. Fetal alcohol syndrome is not a great example for a couple of reasons, one of which is that it becomes a slippery slope of which less-than-optimal behavior during pregnancy will put the mother at risk of a lawsuit. Suppose her diet is not-so-great and the baby is underweight and has some medical issues. Or she engages in some not absolutely necessary activity which causes a premature birth and therefore medical issues.
But let's take a simpler case- a parent beats a child so badly that there is permanent damage. Or doesn't feed the child to the point where it's a serious medical issue. Or sexually abuses the child. The child will be able to sue the parents in those cases, in exactly the same way a child in a group home could sue if the staff did those same things. Of course, the abusive parent is unlikely to have any assets so a lawsuit in most cases would be a exercise in futility. Most of the stuff the OP mentions wouldn't qualify - and even the couple that might would need more detail. "Hit for no reason" could be the occasional slap or spanking or it could be a beating with a baseball bat. "Not giving them sufficient amounts of decent food so their minds and bodies can grow properly" could be starving the kids to the point of malnutrition or it could be getting takeout twice a week.Thank you for the respectful answer.
I just meant that none of us are perfect parents, and the OP’s suggestion would be unworkable.