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NCP - ATV's and dirt bikes

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PickleZ

Member
What is the name of your state? Maryland

My ex wants to buy dirt bikes for my kids to use at her place. I'm the only parent that has health insurance for the kids. I have sole custody and she has visitation. Do I have any say in whether the kids ride dirt bikes ( and atv's ) when with her? In addition to their safety, I'm concerned about being the parent responsible for the medical bills if they do get hurt since she does not have health insurance for herself or the kids.
 


LdiJ

Senior Member
PickleZ said:
What is the name of your state? Maryland

My ex wants to buy dirt bikes for my kids to use at her place. I'm the only parent that has health insurance for the kids. I have sole custody and she has visitation. Do I have any say in whether the kids ride dirt bikes ( and atv's ) when with her? In addition to their safety, I'm concerned about being the parent responsible for the medical bills if they do get hurt since she does not have health insurance for herself or the kids.
Although there is a chance that that is a big enough decision that its yours to make (since you have sole custody).....its completely unenforceable. Odds are she would still do it and tell the kids to keep quiet.....sigh.
 

haiku

Senior Member
I was under the impression that even with sole custody, barring something written into a court order, that a parent can still do what they want during thier visitation time.

As long as the laws are followed, I would assume mom is within her rights to let the kids ride dirt bikes on her time.

the health insurance and any medical costs would be utilized and paid as your court order says it is supposed to. the kids could also fall out of a tree and break thier arm on moms time too.

That being said, if you know that your children are being exposed to dirtbike riding, find out about ATV safety courses in your state. in my state they are free, and all the equipment is provided, you just bring a lunch.
 

LdiJ

Senior Member
haiku said:
I was under the impression that even with sole custody, barring something written into a court order, that a parent can still do what they want during thier visitation time.
For the most part, that's true. However they can't sign for for piercings and tatoos...or for cosmetic surgury (or any other kind of surgury for that matter) or many other things that require the permission of the child's custodial parent. They couldn't sign a permission slip for bunjy jumping...at least not legally. I think that there could be a slight chance that something as significant as riding dirt bikes might fall into the same catagory.

In any case, like I said, it wouldn't be enforceable anyway.
 

haiku

Senior Member
Oh? I had thought as discussed on this forum before, that parents without sole/joint custody could sign for such things. Sole custody being limited to all the decision making regarding school and medical, barring specific restrictions in the court order.

Anyway, those things you sign are waivers to not hold the tattoo artist, bungee jump company, etc... responsible for any injury. A parent does not sign waivers when they use thier own equipment, so that doesn't seem to apply anyway in this situation.
 

casa

Senior Member
PickleZ said:
What is the name of your state? Maryland

My ex wants to buy dirt bikes for my kids to use at her place. I'm the only parent that has health insurance for the kids. I have sole custody and she has visitation. Do I have any say in whether the kids ride dirt bikes ( and atv's ) when with her? In addition to their safety, I'm concerned about being the parent responsible for the medical bills if they do get hurt since she does not have health insurance for herself or the kids.
As previous poster mentioned- the children are already covered by your health ins. so Mom doesn't need health ins. for them.

Are you saying YOU would not take your children ATV or dirt bike riding? :cool: Sorry, but it is irksome when one parent tries to dictate what the other parent can do on their parenting time...when it's a normal activity. I live in an area where off-roading is wildly popular~ I see scores of children with their own dirtbikes/ATVs etc.

I agree with haiku- Check various agencies to sign the kids up for a safety course...so at least you feel secure that they know basic safety.
 

PickleZ

Member
The problem I'm having is that I will have to pay the medical expenses for my ex's bad judgement. If one of the kids is badly injured, it could cause a major financial burden for me ( and none for my ex ) on an activity that I do not sanction. If I wanted them to ride dirt bikes and atv's, I can get them myself for them. In my opinion, it's not worth the risk putting them on these things.

Thanks.
 

stealth2

Under the Radar Member
PickleZ said:
The problem I'm having is that I will have to pay the medical expenses for my ex's bad judgement. If one of the kids is badly injured, it could cause a major financial burden for me ( and none for my ex ) on an activity that I do not sanction. If I wanted them to ride dirt bikes and atv's, I can get them myself for them. In my opinion, it's not worth the risk putting them on these things.

Thanks.
A judge isn't going to be amused that you would try to dictate what your ex can do when she's got the kids. That's really what it comes down to. If you were my ex, I'd tell you to pound sand.
 

haiku

Senior Member
well the thing is, there are lots of things children do that are dangerous. just getting into a car every day is dangerous. Sports are dangerous, from football, soccer, horseback riding, karate, to name a few.

Why was moms percentage of responsibility for medical care not addressed in your court order? that 'might" be able to be revisited in court.

but dictating what you want the kids to be doing? ("if I want them on dirtbikes, I will be the one to buy them.") not so much........
 

casa

Senior Member
PickleZ said:
The problem I'm having is that I will have to pay the medical expenses for my ex's bad judgement. If one of the kids is badly injured, it could cause a major financial burden for me ( and none for my ex ) on an activity that I do not sanction. If I wanted them to ride dirt bikes and atv's, I can get them myself for them. In my opinion, it's not worth the risk putting them on these things.

Thanks.
That statement is really telling~ Is your REAL issue that Mom is doing something fun with them? Think before you answer.

If you carry medical- it's often court ordered that any additional expenses (ie; the remaining 20% ins. does not cover) is to be split between the parents. Is that not in your court order? If not, maybe it's time to change that.

As an aside- I live in Southern California...and the freeways have more accidents than off road vehicles. Seriously...my child has broken bones on a playground and in our own yard. You can't put them in a bubble.
 

stealth2

Under the Radar Member
haiku said:
well the thing is, there are lots of things children do that are dangerous. just getting into a car every day is dangerous. Sports are dangerous, from football, soccer, horseback riding, karate, to name a few.
Life's dangerous. They could be in an accident on the way to school on the bus. They could fall off the jungle gym during recess. They could miss a step and fall down a flight of stairs. Your time, Mom's time - stuff happens and kids get hurt. Do you keep them wrapped in a cocoon when they're with you?
 

PickleZ

Member
The one child was riding a bike, got medevaced, etc while in the ex's care. I got hit with the bills. Fortunately, the child was not seriously injured. The shock trauma docs said they get a lot of head injuries from ATV's, dirt bikes, even skate boards. It's not that I don't want them to have fun. After that experience, I'm just trying to steer them away from trouble.

All - thanks for your opinions.
 

nextwife

Senior Member
My local representative is a physician (OBGYN, actually). He tried to pass legislation limiting age of ATV riders and requiring other saftey restrictions because he is aware of how truly dangerous the mix of immaturity and motorized vehicles can be. ATVs are more prone to tipping, and the speeds are more extreme than with bicycle riding. No way, no how would I want my kid on an ATV. There are plenty of safer ways for kids to have fun. No, I don't believe that CHILDREN should be driving motorized vehicles, I know mine is way too impulsive. Thank goodness my husband is in full agreement.
 

LdiJ

Senior Member
nextwife said:
My local representative is a physician (OBGYN, actually). He tried to pass legislation limiting age of ATV riders and requiring other saftey restrictions because he is aware of how truly dangerous the mix of immaturity and motorized vehicles can be. ATVs are more prone to tipping, and the speeds are more extreme than with bicycle riding. No way, no how would I want my kid on an ATV. There are plenty of safer ways for kids to have fun. No, I don't believe that CHILDREN should be driving motorized vehicles, I know mine is way too impulsive. Thank goodness my husband is in full agreement.
I have to agree...I KNOW they are not safe because of serious injuries to members of my extended family. I don't blame this dad at all for not wanting the kids on them.....however, realistically, even if he could get a specific order stating that the weren't to be on them...it would be nearly impossible to enforce.

Heck, even my sister disobeyed my instructions regarding my daughter. (and we are close!)

I told them no bunjy jumping....period.....but when she was on vacation down there they not only let her do it....but pretended that my brother in law was her dad so that he could sign the release.
 
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