Now, to start off by discussing the
three different types of NCPs that can join one or more county
lawsuits:
FIRST TYPE OF NCP (MOST NCPs) -- again, it goes by the county
of victimization, not where they actually live... they are grouping to sue the
county (and certain officials there) which violated their rights, so it
necessarily is the county where their custody case is at... Even former
noncustodial parents of *adult* children *may* be able to join the suit for
their county in question, depending upon the Statute of Limitations at issue for
their own situation (see below).
SECOND TYPE OF NCP (SOME NCPs) -- those
NCPs that have current custody cases in two or more different counties, because
they have had children with different "partners", can join the lawsuits against
those two or more same counties, no matter where they are, even in different
states. Again, it is the two or more counties that have violated their equal
rights to custody... And, again, though, to be a part of **any** suit, the NCP
must join the Yahoo group for each of those counties, to stay informed, and to
eventually receive the paperwork for a lawsuit against a given
county...
THIRD TYPE OF NCP (RARE NCPs) -- those relatively rarer NCPs
that had their custody case moved out of the original county, and into another
county, *might* be able to also join the suit against their original county of
victimization (and its Yahoo group, of course)... However, to be a part of suing
the *original* county, too, the *last* event in that original county, in their
own custody case, must still be within the time period of the Statute of
Limitations that applies to the state of the county in question (see
below).
STATUTE OF LIMITATIONS -- whether discussing "former"
noncustodial parents (those whose children are now grown up into their
mid-twenties, or whether discussing being able to sue an "original" county when
their custody case has been transferred to another county, or whether an adult
child of a custody order by some family court, the Statute of Limitations is
what applies to determine if this noncustodial parent can join in suing that
particular county. There are many kinds of Statute(s) of Limitations, but we are
only concerned with the "personal injury" type - those Statutes of Limitations
that apply to suing for violations of civil rights. Federal law, 28 USC 1658(a),
normally limits the time period to sue for violations of civil rights (like, a
typical civil rights lawsuit under 42 USC 1983, and etc.) to a period of four
(4) years. However, in some situations, which are just too involved to get into
in this explanation, the federal courts must apply the civil rights statute of
limitations as is the law of the State where the same federal court is actually
located. MOST of these "state law" civil rights statutes of limitations
are two (2) years, however, a few are only one (1) year, some of them are
three (3) years, some of them are four (4) years, and just a few of
them are either five (5) years or six (6) years. Here is a fairly reliable
listing of the "personal injury" statutes of limitations for all fifty states,
however, you should always confirm by reviewing the statute
yourself:
(the website will
probably ask you to input a zipcode before displaying the page)
So,
then, here's my attempt at explaining, as shortly as possible, how the Statute
of Limitations *might* apply to "former" noncustodial parents, and/or those NCPs
that had their custody case moved to another county, and/or adult children of
custody orders, depending upon the number of years involved so far, and who now
want to know whether they can sue their particular county/counties of
victimization:
Each of you should have a pretty good idea about the
"emancipation" laws of your own state, like whether a child is automatically
emancipated at either 18 or 21 years of age, and/or under certain other factors,
like whether the child is still in school, joined the military, got married,
etc. Also, of course, there is the situations where child support is still being
paid up to the child's 23rd birthday, etc., because they are still in school
(college). You get the idea. For those "former" noncustodials that have already
gone through the entire age(s) of minority of their child or children, each of
them must determine whether or not it has now been the entire 1, 2, 3, 4,
5 or 6 years since their youngest (or only?) child was still yet
unemancipated, like, typically, for
the best and most often example, from
the last date of having to pay regular child support payments... Not arrearages
left over after the child became emancipated... Only from the date of the last
payment of "regular" (weekly, monthly, etc.) child support. That is the date to
use, in comparison with your own state's civil rights' ("personal injury")
statute of limitations, to determine if that "former" noncustodial parent is
still within his or her time to join a lawsuit against the county that
victimized him/her.
In other words, "Joe" has one child of the
divorce/paternity custody action. Because the child attended college, "Joe" paid
child support until the child was 23 years old. The child is now 26 1/2 years
old. If the state in question has a statute of limitations (see below) of 3
years, then it's sadly too late for "Joe"... However, if the state in question
has a statute of limitations of 4 years, then "Joe" is able to sue, because his
child is still UNDER 4 years older from the date that "Joe" last had to pay
child support (the child's 23rd birthday emancipation) - hence, the last date
that "Joe" was still being victimized out of his constitutional daily rights to
enjoy custody equally (when the child became emancipated, Joe no longer was
being "deprived" of
his right to equal custody -- by actions of the govt
itself -- because that issue became moot on the day when the child became an
adult on his/her own, anyway...).
For an adult child of a custody
order, it's the same idea, but two ideas... If the child is now at least 18
years old, and is STILL a child of a present and ongoing custody order
(i.e., like child support is still being paid, or still ordered to be paid, in
regular payments, whether college expenses are involved or not), then it's that
simple, and no statute of limitations even applies - because it's all
still an ongoing custody order... If the child is now at least 18 years
old, and is also emancipated, due to joining the military, getting
married, reaching a certain age (like 21, 22, or 23, depending upon the state
law in question that applied at the right age), or otherwise, then the child
must determine, using the date of emancipation combined with the state's
applicable statute of limitations, to see if he/she is still under the
deadline as of the date that the lawsuit actually is filed.
Clear as mud? I think you get the
idea... If you don't, but like actual "legal-ease" instead, here's this
explanation:
Section 1983 (42 U.S.C.A. § 1983) does not provide a
specific statute of limitations, which is a time limit in which a claim must be
brought after the alleged violation occurred. But 42 U.S.C.A. § 1988 (1976)
states that where the federal law does not provide a statute of limitations,
state law shall apply. In determining which state statute of limitations to
apply in a section 1983 case, the Supreme Court has held that in the interests
of national uniformity and predictability, all section 1983 claims shall be
treated as tort claims for the recovery of personal injuries (Wilson v. Garcia,
471 U.S. 261, 105 S. Ct. 1938, 85 L. Ed. 2d 254 [1985]). If the state has
various statutes of limitations for different intentional torts, the Supreme
Court mandates that the state's general or residual personal
injury statute of limitations should apply (Owens v. Okure, 488 U.S.
235, 109 S. Ct. 573, 102 L. Ed. 2d 594 [1989]).
In conclusion, the brief
summary is:
-- A noncustodial parent with a *current* custody case will join
the Yahoo group and lawsuit for the county that has been victimizing him or
her... *not necessarily* where he/she lives... Same for adult children of
custody orders who are still within their timeframe...
-- A "former"
noncustodial parent *might* be able to join a lawsuit, including claims for
his/her own monetary damages for violations of his/her equal rights to retain
his/her pre-existing custody of his/her child(ren), but only IF it has not been
too long under the state's applicable statute of limitations for personal
injury/tort actions. If his/her youngest/only child has only recently attained
emancipation under state law, like within the past 1 to 6 years,
applying the statute of limitations for the state in question, he/she *can* join
the particular lawsuit against the county in question...
-- Likewise for a
noncustodial parent who had his/her custody case transferred from the original
county to another county. To be able to join the lawsuit against the *original*
county, the time passed must still be within the appropriate past 1
to 6 years since the day *before* transferring the case to the new
county...
-- Any United States citizen may join in the lawsuit against the
county that he/she pays local county taxes to, under "taxpayer
standing"...
-- A noncustodial parent who still lives, works, or runs a
business in the *same* county that has victimized his/her equal custody rights,
will ALSO be suing under "taxpayer standing"...
-- An adult child of a custody
order who still lives, works, or runs a business in the *same* county that
has victimized his/her equal parent rights, will ALSO be suing under "taxpayer
standing"...
Finally:
-- a person who sues as either a noncustodial
parent, or as an adult child of custody order, will be suing for (1)
nullification of the unconstitutional custody/support/etc orders for lack of due
process (2) damages for violations of those same rights, and (3) "enjoining" the
county from committing any further violations of civil rights against him/her
only...
-- a person who sues under *only* taxpayer standing (a taxpayer of
that county, but not a noncustodial parent or adult child of custody order still
living in the same county of victimization) will be suing for (1) "enjoining"
the county from committing any further violations of unlawfully spending
taxdollars to fund *any* unconstitutional practices in the family courts... but,
(2) *not* for damages for themselves...
-- a person who sues as
a noncustodial parent, or as an adult child of custody order, AND
still lives in the same county that is victimizing, or has victimized, him/her
(statute of limitations, if applicable above), therefore also paying regular
local taxes to the same county, will be suing for *the combination of both
above*, including damages for himself/herself personally, under being deprived
of civil and equal rights personally.
Cheers,
Torm Howse,
President
Indiana Civil Rights Council
http://www.indianacrc.org