Parental responsibility

[miarosej]

What is the name of your state? Florida

My husband divorced 5 years ago. His ex-wife moved to Washington State and my step-daughter decided to live with her. My step-daughter is now 17 and will be 18 March 9th, 2004. His ex-wife just informed us that her husband received a transfer to Hawaii and she is leaving Washington December 9th, 2003. My step-daughter wants to finish high school and doesn’t want to leave. My husband and I offered for me to move to Washington until my step-daughter finishes high school in June. We were told “thanks but no thanks”, that arrangements have already been made for his daughter to stay with friends, and we should stay out of it. We were also told that my step-daughter would be 18 soon and was old enough to make her own decisions.

I want to know if my husband can be held legally responsible should anything happen while his daughter is by herself. For example, if she gets in a car accident is he responsible? Also, his ex-wife is changing her address with DCS so they don’t know she is moving out of state and she can continue to collect child support. Is he legally responsible to pay the friends the child support? Or does my step-daughter have to emancipate herself in order to stay in Washington?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Florida

My husband divorced 5 years ago. His ex-wife moved to Washington State and my step-daughter decided to live with her. My step-daughter is now 17 and will be 18 March 9th, 2004. His ex-wife just informed us that her husband received a transfer to Hawaii and she is leaving Washington December 9th, 2003. My step-daughter wants to finish high school and doesn’t want to leave. My husband and I offered for me to move to Washington until my step-daughter finishes high school in June. We were told “thanks but no thanks”, that arrangements have already been made for his daughter to stay with friends, and we should stay out of it. We were also told that my step-daughter would be 18 soon and was old enough to make her own decisions.



I want to know if my husband can be held legally responsible should anything happen while his daughter is by herself. For example, if she gets in a car accident is he responsible?

MY RESPONSE: No. The ex-wife has residential custody. Whether or not ex-wife moves does not vitiate the fact that the orders give her residential custody and, as such is the parent who's "on the hook".


Also, his ex-wife is changing her address with DCS so they don’t know she is moving out of state and she can continue to collect child support.

MY RESPONSE: Okay. So what?



Is he legally responsible to pay the friends the child support?

MY RESPONSE: No. He MUST follow the court orders. If the orders state that the money is to go to the ex-wife, then that's what must happen. If the ex-wife wishes to forward that money to the "friends" for daughter's support, then so be it. It's the ex-wife's money and she can do whatever she wants with that money.




Or does my step-daughter have to emancipate herself in order to stay in Washington?

MY RESPONSE: No. She's a big girl. And, besides, the presumption here is that she'll be staying with responsible adults.

Now, if your husband wants to do something in court concerning custody due to a "change in circumstances", then that's up to him. Or, he can let this whole scenario play out on it's own, leaving everything alone. That choice is up to him.

IAAL

 

[Boxcarbill]

If the mother is the custodial parent, then she is the one who is legally responsible for the child. If your husband was ordered to pay child support to mother, then he obligated to pay child support to the mother. The mother as the custodial parent has the right to make the decision regarding the distribution of the child support.

 

[miarosej]

The papers state "shared parental responsibility of minor child" with primary residence with the ex-wife and secondary residence with my husband. Do these answers still apply?

 

[Cookie97128]

First, kudos to the mom for allowing her daughter to finish high school in her 'home' town.

Ask to have contact with the HOST family. Are you on speaking terms with your s-daughter? Ask her to keep in contact with you for ANYTHING that comes up.
Are you in contact with her school? Are you/ have you been receiving report cards? Is she doing well? This could be why she feels so strongly to stay in her current school.

The only thing I could see happening here would be to file for custody. BUT, since she's 17; will be 18 in 5 months, i doubt that you'll get anywhere.

While she's still a minor, I think the custodial parent has the responsibility of the child. I think if anything happens, the CP can/will be held liable. I would be sure to get all info about the 'friends' the girl is staying with. Get a phone number, and speak with the parents. Make sure the ex has a plan in case of emergencies.

You could always go live in Seattle as an emergency contact, but do you really think that would be receptive to the girl? You could purchase a unrestricted RT airline ticket and be at the ready to go in case of an emergency...

And now, congratulate your s-daughter for wanting to stay in school and finish. Show her some support and you'll get the answers you want ~ easier...

Best of luck..
Cookie

 

[Boxcarbill]

The papers state "shared parental responsibility of minor child" with primary residence with the ex-wife and secondary residence with my husband. Do these answers still apply?

My response stands. Monday morning will be Nov 3. If your husband were to file Monday Morning, there is little chance that the court would set the hearing date prior to the child becoming a legal adult in four months prior. The case is moot in four months. But if your husband likes exercises in futility, then file.

[Sidebar: Incidentally, he will need to be the one to move to live with his daughter since you are no less a stranger than the friends that she will be living with.]