• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

PA custody problem

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? Pennsylvania

I have physical custody of our children for the past 11 years. Their father gets them one night a week for 5 hours and every other weekend. Today he emailed me stating he does not want our children driving in a car with my stepson who is almost 18; he has never been in any trouble to warrant concern. My stepson and my daughter go to school together every morning, and ONE time he drove my 11 year old son to football practice when I was ill. Now he told me that if he, his wife or any of his parents or inlaws are around when my stepson is picking up one of the kids they will take the kids. Is this legal? His wife told me that I should just try calling the police or taking them to court because no police or judge would allow me to have my child picked up by a 17 year old. She also insists that her name be on all school papers because she has to do most of the picking up of our kids on my ex's visitation because he needs his sleep. Do I have to allow her to get them? Everyday people have their older kids take the younger ones places as help, I don't understand why it's this big crime for my stepson to help me? Please let me know where I stand legally. By the way, he is being sued by other people for failing to watch our son during a party, failing to teach our son how to play with others, etc because a boy broke his leg at a party in which my son was at and is accused of pushing.

Thanks for your help:o
 


Ohiogal

Queen Bee
He can have his wife pickup if it is not denied in the orders. You can have your stepson drive the child.
 
So what can do I do if the circumstance arises that I am not available to get my children from practice and my stepson does and my ex follows through with his threat to take the children?
 

TinkerBelleLuvr

Senior Member
Please let me know where I stand legally. By the way, he is being sued by other people for failing to watch our son during a party, failing to teach our son how to play with others, etc because a boy broke his leg at a party in which my son was at and is accused of pushing.
Since you are the custodial parent, what have YOU been teaching your son? Is it only your X's son when there is a problem?
 
My stepson's record is clean. He is an insured driver and ownes his own vehicle. He did not take drivers training but in PA a teenager must have their permit for 6 months before they can get their license and must accru about 50 hours of driving experience before taking their test. I just don't know what the problem could be, the drive to school is about 2 minutes and the drive to the football field about 3 minutes .... it's not like they go driving around. It's to and back and nothing more. I'm smelling another court battle for nonsense yet again. It happens almost yearly like clock work. Such is divorce. Thanks for your advice.
 

TinkerBelleLuvr

Senior Member
Now he told me that if he, his wife or any of his parents or inlaws are around when my stepson is picking up one of the kids they will take the kids. Is this legal? His wife told me that I should just try calling the police or taking them to court because no police or judge would allow me to have my child picked up by a 17 year old.
Call their bluff. Ask them for the specific statute that disallows the 17 yo from driving another child.
 
Since you are the custodial parent, what have YOU been teaching your son? Is it only your X's son when there is a problem?

NO dear, he is definitely both of ours. My children have and will always be taught to respect and love their Dad ... we each only get one. The law suit is because my ex and his wife took my son to a party where a kid was pushed by another kid and broke his arm. The family is suing my ex because he "failed to adequately supervise his child", "leaving the child unsupervised while at play with other children" and for "failure to instruct the child how to play with others"...this is directly from the lawsuit papers. As custodial parent I found myself drug into this because I am custodial parent and had to be made aware because my ex's rental insurance will not cover my son in the lawsuit because he resides with me. So I'm responsible for his actions here and when he's with his father therefore my homeowners insurance and lawyers are representing my son. Thankfully there is video proof my son did nothing to the boy but that doesn't change that fact that the child was unsupervised.
 
Last edited:

TinkerBelleLuvr

Senior Member
Now that You have Junior Driver's License
With a junior license you will be allowed to drive alone and choose your own music―provided it's between 5 a.m. and 11 p.m. If you drive after 11 p.m., you must be accompanied by a licensed parent or guardian who is at least 21 years old, or a licensed spouse who is 18 or older.

The lone loophole is if you need to drive during this time for work. In this case, you must carry a notarized affidavit from your boss confirming your employment.

Step 4: Driver Training and Regular License
You can apply for a regular license at 17 1/2 years old provided you've had your junior license for one year, have a spotless driving record, have the consent of your parents or guardians, and have successfully passed a PennDOT-approved driver education program.

If not, you must hold off on your official license until you reach 18. Your junior license will then automatically upgrade to regular driver's license status, sparing you the hassle of renewing. If you want a new card, however, you can apply for a regular driver's license by submitting an Application for Change from a Junior Driver's License to a Regular Noncommercial License and paying a $10 replacement fee.
http://www.dmv.org/pa-pennsylvania/teen-drivers.php#Step_3:_Applying_for_a_Junior_License

What type of driver's license does the stepson have? Cuz I have a feeling he is NOT allowed to have passengers.
 

TinkerBelleLuvr

Senior Member
(d) (1) No motor vehicle operator's license shall be issued to any applicant who is sixteen or seventeen years of age unless the applicant has held a learner's permit and has satisfied the requirements specified in this subsection. The applicant shall (A) present to the commissioner a certificate of the successful completion (i) in a public secondary school, a state vocational school or a private secondary school of a full course of study in motor vehicle operation prepared as provided in section 14-36e, [or] (ii) of training of similar nature provided by a licensed drivers' school approved by the commissioner, or (iii) of home training in accordance with subdivision (2) of this subsection, including, in each case, or by a combination of such types of training, successful completion of not less than [eight] twenty clock hours of behind-the-wheel, on-the-road instruction; (B) present to the commissioner a certificate of the successful completion of a course of not less than eight hours relative to safe driving practices, including a minimum of four hours on the nature and the medical, biological and physiological effects of alcohol and drugs and their impact on the operator of a motor vehicle, the dangers associated with the operation of a motor vehicle after the consumption of alcohol or drugs by the operator, the problems of alcohol and drug abuse and the penalties for alcohol and drug-related motor vehicle violations; and (C) pass an examination which shall include a comprehensive test as to knowledge of the laws concerning motor vehicles and the rules of the road and an on-the-road skills test as prescribed by the commissioner. At the time of application and examination for a motor vehicle operator's license, an applicant sixteen or seventeen years of age shall have held a learner's permit for not less than one hundred eighty days, except that an applicant who presents a certificate under subparagraph (A) of this subdivision shall have held a learner's permit for not less than one hundred twenty days and an applicant who is undergoing training and instruction by the handicapped driver training unit in accordance with the provisions of section 14-11b shall have held such permit for the period of time required by said unit. The Commissioner of Motor Vehicles shall approve the content of the safe driving instruction at drivers' schools, high schools and other secondary schools. Such [eight] hours of instruction required by this subdivision shall be included as part of or in addition to any existing instruction programs. Any fee charged for the course required under subparagraph (B) of this subdivision shall not exceed an amount prescribed by the commissioner by regulation, adopted in accordance with chapter 54. Any applicant sixteen or seventeen years of age who, while a resident of another state, completed the course required in subparagraph (A) of this subdivision, but did not complete the safe driving course required in subparagraph (B) of this subdivision, shall complete the safe driving course, and any fee charged for the course shall not exceed an amount prescribed by the commissioner by regulation, adopted in accordance with chapter 54. The commissioner may waive any requirement in this subdivision, except for that in subparagraph (C) of this subdivision, in the case of an applicant sixteen or seventeen years of age who holds a valid motor vehicle operator's license issued by any other state, provided the commissioner is satisfied that the applicant has received training and instruction of a similar nature. (2) The commissioner may accept as evidence of sufficient training under subparagraph (A) of subdivision (1) of this subsection home training as evidenced by a written statement signed by the spouse of a married minor applicant, or by a parent, grandparent, foster parent or the legal guardian of an applicant which states that the applicant has obtained a learner's permit and has successfully completed a driving course taught by the person signing the statement, that the signer has had an operator's license for at least four years preceding the date of the statement, and that the signer has not had such license suspended by the commissioner for at least four years preceding the date of the statement or, if the applicant has no spouse, parent, grandparent, foster parent or guardian so qualified and available to give the instruction, a statement signed by the applicant's stepparent, brother, sister, uncle or aunt, by blood or marriage, provided the person signing the statement is qualified. (3) If the commissioner requires a written test of any applicant under this section, the test shall be given in English or Spanish at the option of the applicant, provided the commissioner shall require that the applicant shall have sufficient understanding of English for the interpretation of traffic control signs. (4) The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, to implement the purposes of this subsection concerning the content of safe driving instruction at drivers' schools, high schools and other secondary schools.

Sec. 2. Section 14-36g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) Each [holder of] person who holds a motor vehicle operator's license and who is sixteen or seventeen years of age shall comply with the following requirements:

(1) [For a] Except as provided in subsection (b) of this section, for the period of three months after the date of issuance of such license, such person shall not transport more than [one passenger, who shall be] (A) such person's [parent] parents or legal guardian, [who] at least one of whom holds a motor vehicle operator's license, [and is at least twenty-five years of age,] or (B) not more than one passenger who is a driving instructor licensed by the Department of Motor Vehicles, or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the time of being transported, a motor vehicle of the same class as the motor vehicle being operated and who has not had his or her motor vehicle operator's license suspended by the commissioner during such four-year period;

(2) [For] Except as provided in subsection (b) of this section, for the period beginning three months after the date of issuance of such license and ending six months after the date of issuance of such license, such person shall not transport any passenger other than as permitted under subdivision (1) of this subsection and any additional member or members of such person's immediate family;
http://www.cga.ct.gov/2005/act/Pa/2005PA-00054-R00HB-05446-PA.htm
 
http://www.dmv.org/pa-pennsylvania/teen-drivers.php#Step_3:_Applying_for_a_Junior_License

What type of driver's license does the stepson have? Cuz I have a feeling he is NOT allowed to have passengers.

He has a Junior license. I think one passenger? Guess I'll be doing some reading. Thanks. We're all learning something new every day.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top