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Who is responsible for paying (custodial or non-custodial parent) when SS12 damages property?

allnew2me's picture

Submitted by allnew2me on Mon, 05/09/2011 - 8:40pm

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Family Court

SS12 is with BM during the week and with DH and myself each weekend. BM tells DH last night that SS12 vandalized cars while under her supervision, or lack thereof. Supervision is always an issue with BM. She gives way too much freedom. Are both parents responsible for the cost of the damage?

doll faced sm's picture

Submitted by doll faced sm on Mon, 05/09/2011 - 8:50pm

Well, for a legal answer, I'd say consult your CO and see if there is any mention of such an occurance there. If not, contact your lawyer to find out one way or the other.

For a common sense answer, HELL NO! There is no way in the world I would allow the other parent's lack of ability to supervise/parent affect my pocketbook.

allnew2me's picture

Submitted by allnew2me on Mon, 05/09/2011 - 9:10pm

Nothing in the CO is specific, but lesson learned for all! Put it in there!!!!!

allnew2me's picture

Submitted by allnew2me on Tue, 05/10/2011 - 1:07pm

It's been almost exactly one year ago that we took her to court to try to get custody. Lack of supervision has been an ongoing issue, but SS12 will not ever say anything negative about her. Frustrating! Soooo....all of our allegations, even though documented in email, meant nothing to the judge b/c SS12 did not confirm anything we said. He reponded, "I don't remember."

hismineandours's picture

Submitted by hismineandours on Mon, 05/09/2011 - 8:54pm

I agree-clearly bm should be responsible as it occurred at her house-however technically I am not sure. If they have joint legal then I would think they both could be on the hook for it. If you are ont he hook I would make ss do massive amounts of chores in order to pay me back for it.

godess-clueless's picture

Submitted by godess-clueless on Mon, 05/09/2011 - 9:36pm

I went through this situation years ago with my own children. I learned that both parents are responsible. If someone sues and they can not get anything out of the parent that had the child in their care then the civil court goes after the other parent. So if you have one dead beat parent with no job or who just does not cooperate then easy target is the responsible working parent.

herewegoagain's picture

Submitted by herewegoagain on Tue, 05/10/2011 - 4:07am

Oh my...this is crazy...good luck...what state are you in? I told DH years ago to give up custody of loser...of course, he didn't want to...blah, blah, blah...of course BM doesn't supervise...and I worry sick that something like this could happen to us...