Does no legal custody mean no financial responsibility?

**Help please!** · 03-25-2009, 07:13 PM

My son recently damaged someone else's vehicle. My husband and I are legally separated and I have sole physical and legal custody due to some abuse. Is my husband still financially responsible for decisions my son makes or do I have to brunt all of it alone.
If you are only going to blast me,then please don't respond. My son nor I asked to be abused. Please have some compassion. Already this man does not pay support. My son is still trying to learn to deal with his life. Thank you for those who understand!
BTW-I am in the state of California.

03-25-2009, 07:56 PM

Normally state statutes hold the person that had the duty of control and reasonable discipline of the child accountable for the child's conduct. That means, if it was YOUR parenting time and the child caused damage to property during that time, YOU are the person that will be held responsible for the conduct of the child.

If it was Dad's time and Little Jimmy went to the mall with friends and destroyed something, then Dad is the one legally responsible. Whomever the child is with that has the duty of control and reasonable discipline usually is the party held responsible.

What state are you in for me to be certain?

In Texas, a parent or other person that has the duty of control and reasonable discipline of the child is liable for damages caused by the child if:

1.the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or person to exercise their duty of control and discipline; or

2. the conduct of a child who is at least 10 years of age but under 18.

Edit:

Parents are responsible if the parent has knowledge of the child's potential for misconduct and fails to take reasonable steps to prevent such misconduct; if the parent has signed the child's driver's license application or the child drives the parent's car with the parent's knowledge and permission; if the child is guilty of willful misconduct; or if the child is given ready access to a firearm.

So basically if your son was willfully violating the law, such as purposely damaging someone's vehicle...you're liable.

**princess_kristi** · 03-25-2009, 08:02 PM

Bummer. Yeah, unfortunately you are, as the sole custodian, legally responsible, esp if it happened on your watch. How old is your son? if old enough,maybe make him pay it by getting a job etc? Did this happen at your home? and if so, do you have homeowners/renters insurance? The nice thing would be for dad to pay for some of it, as it takes two to parent.....does he have any parenting time at all? If its regular, you MIGHT be able to bring it before a judge to get a partial reimbursement, but don't get your hopes up. Good luck! I too have sole custody of my son.....and it seems as if I am the sole parent without any rights.

03-25-2009, 08:03 PM

your husband is still the father, and legally responsible too.

03-25-2009, 08:03 PM

Unfortunately for you . You are responsible for your sons actions while he is in your care. Your ex is responsible for things like 1/2 his braces and child support. If you let your son do something stupid while you have FULL cust how can he be financially responsible for that. Even if you could get some judge to award you money from your ex it would be totally unethical he wasn't there to help keep your son from doing what he did that was your job and your fault and i know that sounds mean but, I'm just telling you like it is. Would you feel you were responsible if the shoe was on the other foot

03-25-2009, 08:04 PM

You make all the decisions for your child due to sole legal custody..been there myself at one time with two children..you are the legal guardian and the one who is responsible for the child..check with a lawyer about financial issues with the other parent for this vehicle issue..

03-25-2009, 08:05 PM

if ur son messed up on ur watch y would u expect someone else to pay for it?

**Rosha N** · 03-25-2009, 08:05 PM

Legally he is not responsible because you have sole custody.

03-25-2009, 08:06 PM

Does your husband pay child support? If not, you are responsible for your son, you wanted it, you got it and now you have to deal with it. Sorry for your predicament but you can't decide when his father is responsible and when he's not.