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BM letting 16yo un-licensed son drive

step23boys's picture

My husband has 100% custody of his boys, but they are currently living with BM and refusing to come home because it's so much more fun at BM's house: no rules, no chores, no homework, stay out all night, and oh yeah, she lets them drive without a license. For the time being, we are not calling the police to drag their butts back home because they would basically just keep running away to BM. (Been there, done that, need a breather.) What are the legal ramifications for my husband if ss gets in an accident? It's BM's car, and she's in the car with them, but because my husband has 100% legal custody, does that mean any and all responsibility falls on him?

Other than locking them up in juvi, how in the world would we be able to keep them away from her, since we both work and they could just leave the house at any time when we're not there? (Well, even if I was there I couldn't do much to stop them; they are both over 6 feet tall and strong-willed as all get out.)

just.his.wife's picture

Yes, your husband is legally responsible for these two man-children.

My advice? Sign over full legal custody to BM. Your dh will likely pay child support but then it is her legal headache.

step23boys's picture

Would you believe she owes us child support for the past 7 years and has never paid a dime? She never had a job so it would be trying to get blood from a stone. My hope is that, if DH gives up custody the child support he'd have to pay and the support she owes would cancel each other out.

Oh, and BM now finally does have a job (supposedly) but no one is garnishing her wages like they did to DH when he originally paid her. How the hell does that happen?

StepX2's picture

Unfortunately it doesn't work that way with the child support. If your DH is ordered to pay CS, her arrears won't make one ounce of difference to the courts and BM would receive what ever payments DH pays.

step23boys's picture

They have no learner's permits, no insurance, no common sense, nothing. Having them get caught without a license is a good idea. Maybe the next time they come to the house asking for money, I'll call the police so they can watch them drive away.

Orange County Ca's picture

This is scary shit. As the others have said your husband, hence financially you, are responsible as well as his ex-wife in my opinion but she doesn't have a pot to pee in.

Husband should go to the police and explain what is happening. He will ask that a uniformed officer go to the home and explain the facts of life to her. He does that today on the way home from work.

Since the kids aren't coming home he should have his attorney draw up the document that relinquishes complete custody to her and that no current support payments will be made with the past due support forgiven when the youngest child turns 18.

CantKeepDoingThis's picture

^^^^THIS^^^^

BM is putting your financial stability at risk, as well as the lives of your SSs and any other innocent on the road!