Shoplifting Civil Penalty

[artbuc]

What is the name of your state? DE

Father and Mother are divorced. DE Family Court ordered that both parents have Joint Legal Custody of their two children and further ordered that both children shall physically reside with Mother. There is no Family Court order re visitation because Mother allows Father to have visitation every other weekend and certain holidays. During a non-visitation period, one child was caught shoplifting.

Merchant is requesting, through counsel, payment of $360 penalty pursuant to DE Stat. Title 10 p. 8143. Letter from counsel was addressed to "Dear Parent/Guardian" and sent to Mother's address.

Mother allowed and continues to allow 13 yr old child to roam the malls unsupervised despite Father's repeated protests.

DE Stat. Title 10 p. 8143 says "parents/guardians of unemancipated minors are jointly and severally liable" for civil penalties.

Question: Considering Mother and Father are divorced and children live with Mother under a Family Court Order and shoplifting occurred under Mother's supervision, does Father still have any legal liability for the penalty? I am assuming yes because I don't think Family Court Orders cut any mustard in civil/criminal courts. I'm guessing that Civil Court doesn't care if parents are divorced and with whom the minor child children resides?

Thanks.

 

[fairisfair]

whose child is this???

 

[JETX]

Question: Considering Mother and Father are divorced and children live with Mother under a Family Court Order and shoplifting occurred under Mother's supervision, does Father still have any legal liability for the penalty? I am assuming yes because I don't think Family Court Orders cut any mustard in civil/criminal courts. I'm guessing that Civil Court doesn't care if parents are divorced and with whom the minor child children resides?

Ignore 'fairisfair'... since he/she obviously cannot read and doesn't understand what "Mother and Father" means!!!

The ANSWER to your question is... Absent a court order absolving your from ALL parental obligations, BOTH parents are liable for this conduct. I would strongly suggest you try to get the custodial parent to pay this obligation. However, if they refuse or are unable, the merchant will name BOTH of you in his lawsuit and that court will order BOTH of you to pay it. You can certainly argue your 'custodial parent' theory in that court and see what happens.
If you get stuck with paying this, FULLY document the payment, with all details as to her 'failures'... and bring this possible negligence for future consideration by the Family Court in the future.

 

[fairisfair]

Ignore 'fairisfair'... since he/she obviously cannot read and doesn't understand what "Mother and Father" means!!!

The ANSWER to your question is... Absent a court order absolving your from ALL parental obligations, BOTH parents are liable for this conduct. I would strongly suggest you try to get the custodial parent to pay this obligation. However, if they refuse or are unable, the merchant will name BOTH of you in his lawsuit and that court will order BOTH of you to pay it. You can certainly argue your 'custodial parent' theory in that court and see what happens.
If you get stuck with paying this, FULLY document the payment, with all details as to her 'failures'... and bring this possible negligence for future consideration by the Family Court in the future.

I understand EXACTLY what Mother and Father means you jerk. If you would answer the question I asked, you would have the answer you gave.

DUH!!!!!!!!

 

[JETX]

I understand EXACTLY what Mother and Father means you jerk. If you would answer the question I asked, you would have the answer you gave.

DUH!!!!!!!!

Your question was stupid and had NO relevance to the questions asked.
I just call a spade a spade... if you don't like it, tough crap!!
Friggin' nitwit!!

 

[quincy]

My goodness, you are in an ornery mood today JETX. First attacking fairisfair here and then pissing off a little old Canadian kid on another post. What's up with that?

 

[JETX]

My goodness, you are in an ornery mood today JETX. First attacking fairisfair here and then pissing off a little old Canadian kid on another post. What's up with that?

What got your panties in a bunch??
I suggest you pick your battles with me... and this is NOT one that you want.

 

[fairisfair]

Your question was stupid and had NO relevance to the questions asked.
I just call a spade a spade... if you don't like it, tough crap!!
Friggin' nitwit!!

your an idiot. obviously both parents are responsible, that is why I asked him whose kid it was.

You wouldn't know a spade if it was . . . .well never mind.

Coming from you, the word nitwit, is a compliment.

Butt, meet both hands. Oh, Nice Find JetX.

Jet apparently coming from that dishwasher stuff, not from any thing fast. ROTFLMAO

 

[fairisfair]

My goodness, you are in an ornery mood today JETX. First attacking fairisfair here and then pissing off a little old Canadian kid on another post. What's up with that?

Being attacked by jetX is like having a fa,t old, declawed cat spit at you.. No harm, and definitely no foul. But I do love you Q for as close to taking my back as you get. Mwah!!!!

 

[JETX]

your an idiot.

I least I know how to spell you're.

obviously both parents are responsible, that is why I asked him whose kid it was.

Still comprehension-challenged... since that is NOT what you asked. To help your feeble mind... here is what you 'asked'... "whose child is this???"

You wouldn't know a spade if it was . . . .well never mind.

Oh, contraire mon cher... I know a spade... and an idiot.. which is why I recognized you right away.

Butt, meet both hands. Oh, Nice Find JetX.

Wow, you really are English challenged, huh??

You 'got caught' asking another of your stupid non-relevant questions. No big deal, you should be use to it by now.
Do the forum a favor and shut the hell up... until you at least get out of the 3rd grade.

 

[fairisfair]

I least I know how to spell you're.


Still comprehension-challenged... since that is NOT what you asked. To help your feeble mind... here is what you 'asked'... "whose child is this???"


Oh, contraire mon cher... I know a spade... and an idiot.. which is why I recognized you right away.


Wow, you really are English challenged, huh??

You 'got caught' asking another of your stupid non-relevant questions. No big deal, you should be use to it by now.
Do the forum a favor and shut the hell up... until you at least get out of the 3rd grade.

I should be "use to it"??? perhaps grammar is not your forte after all WetX.

Yes, stupid, what I asked was whose child is this? the answer, his mother's and his father's. The answer to the question; who is liable for his behavior?? well I'll be darned, I do believe it is "his mother's and his father's" Now warm up some milk and go to bed.

 

[fairisfair]

What got your panties in a bunch??
I suggest you pick your battles with me... and this is NOT one that you want.

I am sure Quincy is just as afraid of you gumming him to death as the rest of us are.

 

[fairisfair]

and Jet X: just a little hint, the rollie eye icon, generally indicates that someone is asking something, or saying something tongue in cheek. But that is probably WAAAAAAAY over your head. Yes, and that is how I spell Way.

 

[artbuc]

JETX, thanks for the helpful response.

Fairisfair, thanks for the sarcastic insult. My nephew thought he was the "Father" until he went through the DE Family Court process. BTW, my nephew and I have discovered that the law, facts and evidence have little to do with outcomes in court. That is why I ask questions on this forum. I read the law, offer my interpretation and ask the experts to comment. If you are not willing to offer a reasonable response and/or think a question is stupid, why do you bother to comment? Do you get your jollies by insulting people on the Internet?

 

[fairisfair]

JETX, thanks for the helpful response.

Fairisfair, thanks for the sarcastic insult. My nephew thought he was the "Father" until he went through the DE Family Court process. BTW, my nephew and I have discovered that the law, facts and evidence have little to do with outcomes in court. That is why I ask questions on this forum. I read the law, offer my interpretation and ask the experts to comment. If you are not willing to offer a reasonable response and/or think a question is stupid, why do you bother to comment? Do you get your jollies by insulting people on the Internet?

whatever. I offered you the correct response. I could care less if you like how it was delivered. the answer was the same. His parents are both responsible. And I didn't insult you.

However, I am sure Jetx appreciates having you as a new friend. LOL In fact I didn't insult him either, until he threw the first punch.