Are we liable?

Igiveupsotornupinside's picture

Just wanting to know how liable we are. Heres the scope shortened or It will be a hundread pages long as we have been going through this chaos with my step daughter now for almost 4 years. She is 17 and will be 18 in a few months.

We had her full time since she was 7. My husband got a job transfer and she chose to stay behind with her Mother. She has been trouble since about 14 with many many issues. One of them is that she has absolutely refused even when she was living with us to stay with either her real mom or her dad and I. She says she hates rules and runs, literally will just run away.

We have made an agreement outside of court that she is to stay with her mom and making her moms address primary since we had to move and she wants to finish school there. Well her mom lives out of the schools district so we open enrolled her so she could go to the same school. We send her 200 a month (my step duaghter), we pay her cell phone, her car and medical insurance, and supplied her with a car since we have to supply transportation to and from school for her since she lives outside the district. We would love to have her mother supply this for her since she is always introuble and letting other people drive the car that don't have licenses. The smart thing would be to take it from her but her mother has a record and therefor high risk insurance.

Anyways she is not speaking to us (the step daughter) because we keep calling her out on things and she hates that. She freaks out on us but honestly since 14 it has been one thing after another with her. She doesn't like rules so she stays at her boyfriends against our will. We tried everything and can't get her to just understand that she is not an adult. She has thought she is an adult since 14. Are we liable if anything should happen to her since she is refusing to let us know that she is even alive and well. She ignors all communication with us and her mother is not much help as she is two faced and back stabbing to us and has always played the kids against us. I dont trust her as far as I can throw her. Neither one of us do. Anyways am I legally responsible for anything exept the car since its in our name. Which in a couple months we are taking our name off the car and signing it to her since she will be 18 and taking the insurance off..she wants to be an adult so bad she can just get a job and go learn what being an adult is. She is causing havok on my and her dads life and tearing my biological childrens hearts apart. I am sick of this crap with her. Just want to know if I am liable for anything other then the car and insurance which is a no brainer for me.
Thank you

Igiveupsotornupinside's picture

Thank you, I just feel the same way but I feel like I am tied. I don't think her dad will actually take it or report it stolen. I love my husband very much but there are times when I feel like just taking my two little bio girls and leaving. I don't want to be responsible. I feel like she has ruined me. I used to be so close to her and she just shit on me so bad in the last 3 years. I feel stuck because I am a at home mom until this fall, got my degree and going job hunting. I have no place to go but here until I find a job. Part of the reason why she hates me so bad is because I was a cop for 7 years and now I got a degree in social work (more of a helper then enforcer lol) She hates authority and when I tell her the legality of stuff she freaks out on me. I always am the one who is blamed by her and her real mom.

Igiveupsotornupinside's picture

If I sign the car over to her mothers name and transfer the plates to her mothers name...are we liable then? Should we remove the insurance then too or can she still have insurance through our policy. I feel we are screwed etiher way because we are her parents too and she is under 18. Her mother cant get insurance so she would be a 17 year old riding around in a car with no insurance and even though its not in our name can we be liable then? Hoping I am making sense.

Lou Salome's picture

Oh, you cannot let her drive without insurance, and you probably would be liable if she were a minor and hurt somebody. Can't you get her some cut-rate policy thru the General or something?

If the car and registration are signed over to her mother, I don't think you are legally liable, but I am not a lawyer and I don't know how things work with minors.

If not, just take the keys and leave her walkin'. I know it sounds harsh, but what better time than 17 to learn that actions have consequences?

Igiveupsotornupinside's picture

Going to talk to hubby tonight after work...I know I will sleep better if the car was in her moms name and just make her mom pay the extra for insurance..my gosh we have paid for everything, her mom is a dead beat mom and always has been. I think, I hate being like this and I hate ultimatums but I may give one tonight to my hubby..either he gets that woman to pay for something (the insurance and put her name on it or take SD to school herself) or I am leaving. I just wish november would get here soon so she is 18 and I can remove my name for sure off of it and put it in hers, she can get her own insurance at that point becasue I will no longer be liable correct? 18 is adult so they can't sue parents right?

Helena.Handbasket's picture

Ewe, that sucks. I am sorry she is under your insurance and your name is on the car.

Yes you are liable. Check the DMV in your state. It depends, but I think whatever the age of adulthood (18 or 21, etc depending on the state) you should be ok as long as your name is off everything.

Orange County Ca's picture

Absolutely get the car. She kills a just graduated Doctor with his whole life ahead of you who had a wife and two children. She sues you for your house, cars, and future earnings for the rest of your life.

Get that car today and she takes a bus or drops out of school. Sorry - you want to go to school you live here and walk.

Do it NOW. You two are not only responsible you're ENABLING - you have absolutely no defense.

lawyergirl06's picture

I would actually go the opposite direction. Make sure you get the most full coverage that you can on her insurance until she reaches the age of majority. In some states that is 19. Once she has reached that age, then you can take her off your insurance and sign the car over to her. But I would wait until she reaches that age. If you can't take the car from her, cover your ass as best as you can and hope and pray she doesn't screw anything up between now and then.

Rags's picture

Time to force emancipation. With her history and behavior it should not be too difficult to get a judge to sign an emancipation order. Since she will turn 18 in a few months you may just want to bide your time then write her off. Take the car now though. The car is the biggest risk and liability you have with her. She can walk or take a bus is she wants to go to school. Time to cut your losses on this one.

Once she is 18 she is not your problem or her dad's or her BM's.

A good friend of mine forced emancipation on his then 17yo daughter. She did graduate from HS on time then married her underage BF about a year later. His daughter was far less F'ed up than your SD apparently is so hopefully you find forced emancipation at least as easy as he did.

Good luck.

StepKidto3Momto3's picture

She does not remotely qualify to be emancipated. The child must be 100% financially self-sufficient while getting good grades in school and staying out of trouble before a judge will even think about it.

katerra's picture

I think you have to cut the cord.
Sell the car, sounds like the only kind of relationship you have is that you give her money.
Sad for her.

Natalia Ely's picture

Even when she is 18, if you give her a car you might be liable for "negligent entrustment." I'd see a lawyer now.