Legal Question in Family Law in Texas

I have been divorced for about 5 years now. My Ex and I have joint custody of our kids two weeks at a time. My daughter is 17 yrs and has a learners permit. My ex is allowing her to drive all by herself or with her underage brother in the car with her. (freeway and street). How do I protect myself if she should get in accident during the time that he is responsible for them.


Asked on 12/08/12, 10:18 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

If she only has a learner's permit, and not a regular TX Driver's license, you need to talk to her about the ramifications if she gets stopped by the police. She will face serious consequences if she gets stopped. You might want to call the police and clarify exactly what would happen if she were stopped. Or, you might want to call a criminal attorney. There is the possibility that she would be arrested for driving without a licensed driver in the car with her. She might not understand what would happen.

Who carries her on their insurance? If you do, then you need to call your insurance agent immediately since I suspect that she won't be covered if she was in an accident. Again, you need to explain this to her. Both of you (mom & dad) would be liable if she hits someone while driving a vehicle. If she is driving his vehicle, he would be liable. You need to let him know this.

You probably need to talk to an attorney & let an attorney write him a letter notifying him that he would be fully liable if she has an accident in his vehicle.

Also, advise your son not to be in the vehicle with her if she does not have the proper driver's license. This is extremely serious. I don't know if your insurance would pay if he was injured while she was driving if she does not have the proper driver's license.

I would be on the phone Monday morning clarifying the laws & the ramifications if she is stopped or in an accident. This is not something to take lightly. Both of you could be financially destroyed and/or held criminally liable if she does not have the correct driver's license, but driving on the public streets. If you are allowing her to do this with your knowledge, then you are participating in this misadventure. If she kills someone in a vehicle, you could both be held liable along with her -- a vehicle can be held to be a deadly weapon and you would be accessories -- if you got a "creative" District Attorney in the prosecution, your family could be destroyed.

His behavior could be grounds to seek a modification of custody.

I suspect that I've scared you - I hope that I have!

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Answered on 12/08/12, 1:36 pm


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