[tiffyvee]

I share joint legal custody of my 15 year old son with my father. I pay them child support, but they won't involve me in any decisions that are made for him, but I am still expected to pay anything his medical card doesn't cover without being consulted. They even kicked him out and he was living with my Aunt in another state for a month before I found out through a family member after trying to get a hold of him and them to see him the whole time with no response I even tried going through the friend of the court with no results, till my aunt finally called me. We talked about what was best for him and I signed over guardianship to her. He has gotten into some legal trouble since living with my aunt and she is canceling her guardianship. My son has since returned to my fathers house. I know I have to pay child support, but since they have always refused to involve me in any decisions for my son is there a legal way to make them solely responsible for his care and liability. I know I still have to pay child support. I just simply can not afford to go to court anymore, when they refuse to follow the courts ruling.

[AK lawyer]

... is there a legal way to make them solely responsible for his care and liability. ...

It appears that they (your ex and his father) already are. They are, you say, providing for his care (with their resources and the child support you are paying). Are you worried about tort liability for negligent or intentional acts of your son? It is unclear what, if any, liability you would have under the present circumstances.

[tiffyvee]

I am wondering about legal liability, if my son were to hurt someone or cause damage to property.

[AK lawyer]

I am wondering about legal liability, if my son were to hurt someone or cause damage to property.

I said it's unclear.

It would depend on what state you are in. Some states impose liability on the parents for torts committed by the child. A look at the statute would give a clearer picture.

Such statue is based upon the idea that the parent is responsible for seeing to it that the child doesn't act in a harmful manner. If, as in OP's situation, the parent is not in a position to prevent that, it is arguable that the statute doesn't apply.

It would also depend upon case law, if any, and the exact fact pattern presented (how the child caused the injury).

[tiffyvee]

I am in Michigan.

[AK lawyer]

I am in Michigan.

"600.2913 Minor maliciously or wilfully destroying property or causing bodily harm or injury to person; recovery of damages from parents.


Sec. 2913.

A municipal corporation, county, township, village, school district, department of the state, person, partnership, corporation, association, or an incorporated or unincorporated religious organization may recover damages in an amount not to exceed $2,500.00 in a civil action in a court of competent jurisdiction against the parents or parent of an unemancipated minor, living with his or her parents or parent, who has maliciously or wilfully destroyed real, personal, or mixed property which belongs to the municipal corporation, county, township, village, school district, department of the state, person, partnership, corporation, association, or religious organization incorporated or unincorporated or who has maliciously or wilfully caused bodily harm or injury to a person."

Section 600.2913 - Minor maliciously or wilfully destroying property or causing bodily harm or injury to person; recovery of damages from parents. :: 2010 Michigan Code :: US Codes and Statutes :: US Law :: Justia

If he is not living with you, you are not liable under this statute.

[Fr_Chuck]

Why is the child not with you? When aunt did not want him any longer why did you not attempt to get him?