Legal Question in Family Law in Texas
Responsible party
My daughter, 16 yrs. old went on a cruise with her Father's parents (we are divorced and joint conservatorship), her grandparents. I just found out from my ex husband's wife that my daughter wrote in her diary that she got drunk, took speed and had sex while on this cruise. She also verified to her father and stepmother that it was true.
My question is.... Are the grandparents liable for neglegence as isn't the cruise line?
She is 16 and no one checked her i.d.
She is being publically prosecuted by her grandparents and her father. I am not negating that she made a huge mistake and is responsible for her actions. However, I do know that if she was with any members of my family and this occurred you can bet there would be a legal battle. Had she been adequately supervised, this would not have happened. This is something of my daughters' that she can never get back. In the state of Texas isn't it considered ''raped'' while under several influences (drugs and alcohol)? Let me know if I have any legal recourse? These people have a lot of money and come from a small town. They do not want this out in the public except the way they intend to tell the story. They are not willing to accept their part in this.
2 Answers from Attorneys
Re: Responsible party
It is my opinion that you have a cause of action for damages against the grandparents (my understanding is that the minor was under their custody during the cruise) and possible even against the father. If the grandparents knew the illegal acts committed and consented (directly or indirectly), they might even be liable for criminal offense.
Re: Responsible party
I think that since they are international waters, the drinking age might be lower. I'm not sure. You can talk to a maritime attorney about the laws that apply on ships at sea. The ship is probably registered in another country and perhaps those laws apply. You need to check with an attorney with shipping laws.
Regarding the grandparents actions, that can be handled in family court to limit their contact with her in the future.
If you have any other questions, you should talk to an attorney on the phone.
Good luck!
Fran Brochstein
713-847-6000
www.familylaw4u.com
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