What is the name of your state?California
Quick History. My husband has visitiation with the 2 children, 16, 9 yrs. 15 days a month, split 50/50 custody, physical and mental. Pays child support based on his income, visitation schedule and her maintaining a job. They are to share medical/dental expenses 50%.
Since the divorce degree was finalized (7 years ago), the kids have been attending school in their mother's county which is 25 miles from our home. (This was based on where the children where living before the divorce). For 2 weeks every month for 7 years, my husband has been driving the kids to school and picking them up after school, which is in the opposite direction of his job and our home, He works a 40-hour job, although is stays late because he's usually 2 hours behind his colleagues in attendance. This has not been a problem at all, agreed to this arrangement since he wants to keep his time with his kids. The problem is:
Our daughter has received her driver's license. My husband sees this as an opportunity for her to take herself and her brother back and forth to school on our weeks. This will allow him to be at work on time and home earlier. This also allows the children to be home doing their homework, etc and not sitting at a babysitter's until 8pm every night, which will also save him in Daycare money.
We bought her a used 1975 Ford Pickup truck, installed new tires, new brakes, had the engine, transmission, etc. checked and double-checked, installed new shoulder seatbealts, smogged it, licensed it, insured it, etc. The X has stated that she will not allow HER 9yr old to be in the truck, because she feels it's unsafe. She has never seen the truck, didn't participate in the purchase or maintenance of the truck, didn't offer any advise or opinion on what type of vehicle their daughter should drive, nothing, no communication, no interest, nothing. He tried to communicate with her but she continues to refuse to take his calls or respond to emails. She only contacts him when she wants to fight, which is quite often, never wants to address any of his calls or emails.
After we've spending a total of $4000 on making this a safe and reliable vehicle, she's decided that she didn't want him in the truck, because there is no backseat and he should be sitting in the backseat. Mind you, we've never seen the 9yr old in the backseat of her car, only the front... And we have another truck for 4 years with no back seat...No complaints from her there. Another one of her ploys to control our household. I believe that most states use the backseat rule as a guideline for children under 12 or a certain weight, but it's not a law..(correct me if I'm wrong, please) The 9yr old in question, is tall and husky for his age and weights 105 lbs.
Also, the daughter is not supervised by her mother on her days, stays out until well over 10:00pm on school days. As a result, my husband wants his daughter to only drive the vehicle on our 2 weeks for about 6 momths until he is comfortable with her driving full time. We feel that she is just lashing out, because she believes that their daughter should drive the vehicle whenever the daughter wants, and by not letting her drive on her mother's days, makes her mother look bad. (the X actually told him this).
Question: If she takes this to court, what are the chances of a judge seeing this her way???
Quick History. My husband has visitiation with the 2 children, 16, 9 yrs. 15 days a month, split 50/50 custody, physical and mental. Pays child support based on his income, visitation schedule and her maintaining a job. They are to share medical/dental expenses 50%.
Since the divorce degree was finalized (7 years ago), the kids have been attending school in their mother's county which is 25 miles from our home. (This was based on where the children where living before the divorce). For 2 weeks every month for 7 years, my husband has been driving the kids to school and picking them up after school, which is in the opposite direction of his job and our home, He works a 40-hour job, although is stays late because he's usually 2 hours behind his colleagues in attendance. This has not been a problem at all, agreed to this arrangement since he wants to keep his time with his kids. The problem is:
Our daughter has received her driver's license. My husband sees this as an opportunity for her to take herself and her brother back and forth to school on our weeks. This will allow him to be at work on time and home earlier. This also allows the children to be home doing their homework, etc and not sitting at a babysitter's until 8pm every night, which will also save him in Daycare money.
We bought her a used 1975 Ford Pickup truck, installed new tires, new brakes, had the engine, transmission, etc. checked and double-checked, installed new shoulder seatbealts, smogged it, licensed it, insured it, etc. The X has stated that she will not allow HER 9yr old to be in the truck, because she feels it's unsafe. She has never seen the truck, didn't participate in the purchase or maintenance of the truck, didn't offer any advise or opinion on what type of vehicle their daughter should drive, nothing, no communication, no interest, nothing. He tried to communicate with her but she continues to refuse to take his calls or respond to emails. She only contacts him when she wants to fight, which is quite often, never wants to address any of his calls or emails.
After we've spending a total of $4000 on making this a safe and reliable vehicle, she's decided that she didn't want him in the truck, because there is no backseat and he should be sitting in the backseat. Mind you, we've never seen the 9yr old in the backseat of her car, only the front... And we have another truck for 4 years with no back seat...No complaints from her there. Another one of her ploys to control our household. I believe that most states use the backseat rule as a guideline for children under 12 or a certain weight, but it's not a law..(correct me if I'm wrong, please) The 9yr old in question, is tall and husky for his age and weights 105 lbs.
Also, the daughter is not supervised by her mother on her days, stays out until well over 10:00pm on school days. As a result, my husband wants his daughter to only drive the vehicle on our 2 weeks for about 6 momths until he is comfortable with her driving full time. We feel that she is just lashing out, because she believes that their daughter should drive the vehicle whenever the daughter wants, and by not letting her drive on her mother's days, makes her mother look bad. (the X actually told him this).
Question: If she takes this to court, what are the chances of a judge seeing this her way???