Parental Responsibility

[FinnSW]

What is the name of your state (only U.S. law)? Ohio

My son is 18 years old and still in high school as a senior so with the divorce there is still a parenting order. His father and I are divorced and his father travels for extended periods of time and is currently out of state. His father (who is out of state for a month) told him that he could stay in his empty house whenever he wants. I do not want that situation to occur and have said as much. At any rate the 18 year old decided he will stay in Dad's empty house when he pleases. So my question is do I have any liability in this? My son has incredible issues as he as a 15 year old girlfriend and I am well aware of those consequences. And I am well aware that if he chooses to have parties he is 18. I was wondering if I have any liability in this? Thank you.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

My son is 18 years old and still in high school as a senior so with the divorce there is still a parenting order. His father and I are divorced and his father travels for extended periods of time and is currently out of state. His father (who is out of state for a month) told him that he could stay in his empty house whenever he wants. I do not want that situation to occur and have said as much. At any rate the 18 year old decided he will stay in Dad's empty house when he pleases. So my question is do I have any liability in this? My son has incredible issues as he as a 15 year old girlfriend and I am well aware of those consequences. And I am well aware that if he chooses to have parties he is 18. I was wondering if I have any liability in this? Thank you.

No, you don't have any liability. Your son is a legal adult and only dad could be held responsible for what happens at dad's house in terms of liability.

However, if your son has a 15 year old girlfriend then dad is being as stupid as heck...because dad is setting your son up for a world of hurt.

In your son's best interest, it might behoove you to inform the 15 year old's parents of what is going on.

 

[FinnSW]

Thank you LdiJ for your time. I didn't think I had any legal responsibility but wanted to make sure.

 

[Ohiogal]

Did your attorney get the court order changed to tighten things up regarding the younger child? Is your older child still drinking? Have you allowed him to take the fall for it yet?

 

[FinnSW]

I have a court date in the very near future to "tighten things up" for the sake of the younger child. I have been working on that for some months. With a case brewing I don't want to say any more except I wanted to make sure I wasn't liable for 18 year old at Dad's house anymore. I took younger child's key away again. The court is where I plan to resolve this and the expense is well worth it.

 

[Ohiogal]

I have a court date in the very near future to "tighten things up" for the sake of the younger child. I have been working on that for some months. With a case brewing I don't want to say any more except I wanted to make sure I wasn't liable for 18 year old at Dad's house anymore. I took younger child's key away again. The court is where I plan to resolve this and the expense is well worth it.

Your 18 year old is legally an adult but that brings up issues. If your younger child is with bro at dad's house and something happens, BRO can be in trouble. As can you to a certain extent. And if BRO is drinking and younger brother is there, bro can get arrested for a variety of things. And younger brother would also get in trouble but mainly bro. I need to double check the laws in Ohio regarding sex between and 18 year old and 15 year old. I believe that is covered by the Romeo/Juliet standard and he would not be charged with statutory sexual assault HOWEVER there are other things that he could get legally nailed for.

And if bro gets in trouble, don't bail him out. Just a piece of friendly advice. Does DAD have joint legal? I can't remember if you ever stated in your other thread.

 

[LdiJ]

Your 18 year old is legally an adult but that brings up issues. If your younger child is with bro at dad's house and something happens, BRO can be in trouble. As can you to a certain extent. And if BRO is drinking and younger brother is there, bro can get arrested for a variety of things. And younger brother would also get in trouble but mainly bro. I need to double check the laws in Ohio regarding sex between and 18 year old and 15 year old. I believe that is covered by the Romeo/Juliet standard and he would not be charged with statutory sexual assault HOWEVER there are other things that he could get legally nailed for.

And if bro gets in trouble, don't bail him out. Just a piece of friendly advice. Does DAD have joint legal? I can't remember if you ever stated in your other thread.

I still cannot believe that dad is being this foolish. It simply makes no sense.

 

[Ohiogal]

I still cannot believe that dad is being this foolish. It simply makes no sense.

I don't know about dad being foolish necessarily. Dad giving his children a key to the house is NOT a problem. Dad however -- if he said so -- telling the children that they have free reign of the house or should make themselves at home when he is out of the country/state and against mom's wishes as the only present parent is the foolish -- well more thna foolish part. IF that happened. Sometimes teens tend to exaggerate and hear what they want. Keys and lack of supervision from both parents translate to PARTY IN DAD'S HOUSE WHEN HE IS GONE.

 

[FinnSW]

I have sole custody and we have a parenting plan. When Dad leaves per order I have all parenting time. I put in writing to Dad on several occasions over a period of 2 years not to give kids a key to empty house - if kids want access then he can arrange for an adult friend or neighbor to hold the key and let the kids in. I find that very acceptable. But he has continued now for over two years to keep giving keys. And he has never even so much as responded to any letter but ignores it totally and does as he pleases. So I have filed this motion. Unfortunately it has taken a while cause of a continuance but am glad to see that court date coming soon. There are other issues as well that hopefully court will address.

 

[ecmst12]

I don't think mom is worried about the partying. I think she is worried about dad giving son a place to have complete privacy with his UNDERAGE GIRLFRIEND.....just a recipe for disaster.

 

[LdiJ]

I don't know about dad being foolish necessarily. Dad giving his children a key to the house is NOT a problem. Dad however -- if he said so -- telling the children that they have free reign of the house or should make themselves at home when he is out of the country/state and against mom's wishes as the only present parent is the foolish -- well more thna foolish part. IF that happened. Sometimes teens tend to exaggerate and hear what they want. Keys and lack of supervision from both parents translate to PARTY IN DAD'S HOUSE WHEN HE IS GONE.

In this instance it is an 18 year old adult child...with a key to dad's house when dad is out state for months at a time.

Is is more than foolish in my opinion.

 

[Ohiogal]

I have sole custody and we have a parenting plan. When Dad leaves per order I have all parenting time. I put in writing to Dad on several occasions over a period of 2 years not to give kids a key to empty house - if kids want access then he can arrange for an adult friend or neighbor to hold the key and let the kids in. I find that very acceptable. But he has continued now for over two years to keep giving keys. And he has never even so much as responded to any letter but ignores it totally and does as he pleases. So I have filed this motion. Unfortunately it has taken a while cause of a continuance but am glad to see that court date coming soon. There are other issues as well that hopefully court will address.

Okay a few things... and I won't cut and paste it again. Dang computer crash. As sole custodian you have SOLE LEGAL RESPONSIBILITY AND LIABILITY for the actions of your MINOR children.

Also the 18 year old can be arrested and charged with illegal sexual conduct with a minor which is a serious misdemeanor due to the fact that they are less than four years apart in age.

You need to ride herd over the youngest child. Dad is NOT legally culpable at this time -- YOU are because YOU are SOLE legal custodian.

 

[FinnSW]

That is what I thought OhioGAL about the laws regarding my 18 year old and girlfriend. I have told him as such and well, his actions are his responsibility.

As far as sole legal guardian that is why I do not want to have to supervise children in an empty house I am not allowed in. When son was 15 and Dad gave him the key in fact they were living in an apartment and house was completely empty. I didn't even know he gave him a key as their stuff was in their apartment at the time. The house was vacant for over a year while it was being remodeled and keys kept being provided even though son had drinking party in that house. At the first party the neighbors told me well after the fact and I didn't even know he had a key then -that is how I found out and I was absolutely shocked. My conversations, requests in writing, texts all went unheeded by their father and now the court can intervene. In fact their Dad wouldn't even engage in a conversation about it. Totally ignored the situation and did as he pleased and told kids to do as they pleased during my parenting time. I will let you know the outcome of the court. As I mentioned before there are other very serious issues and it is all going to be addressed.

 

[ecmst12]

I hope you don't end up with grandbabies over this

 

[FinnSW]

I hope you don't end up with grandbabies over this

Me neither...or a son with a record. I love my kids and I think they are great but teens are teens. I read somewhere that teens will try to get away with whereever the limits are set. I always wanted this empty house out of the equation. I'll post what happens probably the end of April after the court date if anything happens that day.

I'm going to look into a GPS for younger sibs cell phone. Then I can see where the kid is at.