• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Insuring a new driver with divorced parents

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ohiogal

Queen Bee
You say you are the custodial parent. What does your court order state regarding custody? Does it state you are the sole custodial parent or primary custodial parent? Does dad have shared parenting/custody?
 


kaizen

Member
"It is further ordered and adjudged that the parties shall share joint legal custody with the minor child ******, with Defendant (me) having physical custody. "
 

davew128

Senior Member
Well after numerous discussions about this and dad knowing my position, he went and got our son a driver's license without my consent and it has dad's address on it!
Why would your son need your consent to get a drivers license, and would you not allow him to even if it was required, animosity towards his father notwithstanding?
 

Zigner

Senior Member, Non-Attorney
It's too bad kiddo is a pawn in your game. The father has the right to obtain a driver's license for his son.
 

TinkerBelleLuvr

Senior Member
And mom has as much right to say no. The child has NOT obeyed his parents, therefore, why reward him with a driver's license. In my house, you had to be passing ALL your classes at the same time to be rewarded with a license. In addition, you had to maintain such grades. Not all my children managed to get their license before 18.

I highly suggest co-parenting classes and counseling for the parents. I also recommend counseling for the child. Mom, look into this for your sanity: www.activeparenting.com.
 

Zigner

Senior Member, Non-Attorney
And mom has as much right to say no. The child has NOT obeyed his parents, therefore, why reward him with a driver's license. In my house, you had to be passing ALL your classes at the same time to be rewarded with a license. In addition, you had to maintain such grades. Not all my children managed to get their license before 18.

I highly suggest co-parenting classes and counseling for the parents. I also recommend counseling for the child. Mom, look into this for your sanity: www.activeparenting.com.
Then mom can tell kiddo he can't drive while he's at mom's.

How is it different than playing xBox or going to the movies?
 

ecmst12

Senior Member
Not to mention that the wrong address was used for the license which will greatly confuse insurance matters, which is what this entire thread is about.
 

ecmst12

Senior Member
And apparently in this state, minors need consent from both parents before a license can be issued, in a joint custody situation.
 

TinkerBelleLuvr

Senior Member
Mom's insurance rate will go up if he has a license regardless of whether he drives at mom's or not because SHE has custody. If she is not willing to pay more for it because of his behavior, then so be it. Dad went behind mom's back, therefore, she rescinded the license.
 

Antigone*

Senior Member
Mom's insurance rate will go up if he has a license regardless of whether he drives at mom's or not because SHE has custody. If she is not willing to pay more for it because of his behavior, then so be it. Dad went behind mom's back, therefore, she rescinded the license.
Mom definitely needs to exclude son on her policy. She should make it very clear to her son that he is in no way to drive her vehicles. I would also make sure the keys are never left lying around.
 

ecmst12

Senior Member
Honestly I don't recommend that. If she can get the license rescinded that is the ideal way to go. Otherwise he needs to be listed...the risk to mom is just too great if kiddo decides he's going to disobey, and unless she's going to keep the car keys in a fingerprint safe 100% of the time, she can't be sure that he won't.
 

kaizen

Member
Son is allowed to get his license, assuming he passes a drug test. He met the other requirement of carrying a 3.0 GPA.

That was not the issue to me. I wrote (in post #7) my bottom line - which was more than fair in my mind. The insurance thing is confusing. As in real life (with insurance agents, insurance lawyer and friends who have gone this road before me) and on this board - there are many differing opinions on the legality of different approaches. Everybody is pretty sure they are right and that leaves me to make a decision. The best decision was to get the license, put our address on it, and add him to my insurance policy. With this approach, there wouldn't be regrets. *Plus, one (me) has to wonder why dad is so bent on putting his address on son's license when in doing it my way $169 is all that is required from him in insurance premiums. His way (by his own words) would cost him $250.

I had him in counseling, Tinker. Since he is now at dad's (against the court order), the therapist discontinued services with him. She told him she wouldn't see him since he was basically a runaway and/or in contempt of the court order. I have taken his place at appointments though. I'm working with her to do what I can do.

So the license is rescinded. Of course dad could go get it reinstated tomorrow, I realize this. If that happens, I'll do the next thing I can do.

Ironically dad is so bent on son getting this license so that son can drive about 40 miles one way this summer to work for dad's brother in a flooring business - under the table and without a work permit. Again, the rules don't seem to apply.

So I just keep doing what I can do each day. Thanks for the dialog.
 

davew128

Senior Member
And mom has as much right to say no. The child has NOT obeyed his parents, therefore, why reward him with a driver's license. In my house, you had to be passing ALL your classes at the same time to be rewarded with a license. In addition, you had to maintain such grades. Not all my children managed to get their license before 18.
Son has the right to tell Mom to kiss off until such time as parents issue licenses and not the state. You might want to remember that a driver's license is issued to those considered to have met the STATE'S requirements to possess one, not YOURS.
 

davew128

Senior Member
And apparently in this state, minors need consent from both parents before a license can be issued, in a joint custody situation.
Incorrect. The guides on the Michigan state website on the matter state that A parent or guardian must sign off, nowhere does it state BOTH. http://www.michigan.gov/documents/gdl_parent_16316_7.pdf
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top