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  1. #1
    Join Date
    Oct 2018
    Posts
    4

    Default One Parent Won’t Allow Child to Get a Drivers License

    My question involves a child custody case from the State of: ca

    My husband wants to let his child get a drivers license as she’s going to be 16 next month. His ex is refusing the only reason is because it’s “dangerous” And she doesn’t want the child to get hurt. Is this something that he would go to court to have a judge decide on ? We believe the true reason is to retain control of the minor and so it makes it difficult for her to see us any extra time that she may want to. We believe the true reason is to retain control of the minor and so it makes it difficult for her to see us any extra time that she may want to She is a straight a student going to AP classes has never been in trouble. We already told the X we would pay for drivers Ed classes but she still refuses. If this is something that I judge can make a decision on what types of forms Would we need to fill out?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,123

    Default Re: One Parent Won’t Allow Child to Get a Drivers License

    A custody court can order that a child be allowed to get a driver's license. However, you may want to research whether or not the signature of both parents is actually required to get a driver's license. In that instance it would be up to mom to take your husband to court for contempt for violating joint legal custody, but that would be her taking it to court and possibly looking petty rather than your husband doing it.

  3. #3
    Join Date
    Dec 2013
    Posts
    830

    Default Re: One Parent Won’t Allow Child to Get a Drivers License

    Keep in mind that Mom is not obligated to allow the child to use a car while on her time, so even if she gets the license, it may not get the results you are looking for.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,269

    Default Re: One Parent Won’t Allow Child to Get a Drivers License

    In CA BOTH parents must sign for the minor to first receive their permit, provided they have joint custody. (This info can be found on the DL 44 as well as instructions for the document and new permit applicants on the DMV's site.)

    And, while I imagine a judge CAN order a parent to do something, I cannot say that I have ever heard of such an order being issued and I have known a number of divorced or separated parents who have argued on this very subject for a number of reasons - some good, some not so good.
    **********
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  5. #5
    Join Date
    Dec 2007
    Posts
    227

    Default Re: One Parent Won’t Allow Child to Get a Drivers License

    Give it some time; the situation may take care of itself. In many areas, peer pressure will have the child nagging parents to be allowed to get a license. i suggest letting the issue sit for a while; mother may give in once she sees child's friends having few problems and gets tired of hearing how "mistreated" the child is without a DL.

    There are simple rules that will help a new driver be safe. Once they have experience then the rules can be relaxed. These worked well for my 4 kids:

    1. Always wear seatbelts (Key does not turn until everyone's is buckled!); also glasses or contacts on face before get into car
    2. Only one other person in the car
    3. Limit driving hours to less busy times (not at rush hour, dawn or dusk,...)
    4. Limit distance can travel and roads that can be used (school, nearby mall, ... ours less than 5 miles and not on freeway)

    5. One that did not apply at the time: No talking on phone or texting while car is in a driving lane even if not moving even if it can be done "hands free". Car must be parked in a proper parking location.

  6. #6
    Join Date
    Oct 2018
    Posts
    4

    Default Re: One Parent Won’t Allow Child to Get a Drivers License

    We understand that the license itself is provisional and that the mom doesn’t have to let her drive when it’s during her time. It just seems “unfair” to the child and maybe a bit too much control that one parent can say no and that applies during both parents “time”. I just wasn’t sure if we have to have her permission for the child to even get a license (I’m sure we do).

    Insurance and where the child lists as home on her license will be another battle to fight with her mom. We are willing to pay for drivers ed, insurance and car, but not sure if we can get insurance for a car that stays at our house (or goes back and forth and stays majority, if she agrees) while the drivers license says the driver lives in another city (moms house).

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,815

    Default Re: One Parent Won’t Allow Child to Get a Drivers License

    I would love to see a case where a judge has ordered a parent to permit a 16 year old to get his/her drivers' license despite the parent's articulated reasons why s/he is reluctant. Got any links to specific cases?

  8. #8
    Join Date
    Oct 2014
    Posts
    7,091

    Default Re: One Parent Won’t Allow Child to Get a Drivers License

    Quote Quoting RJR
    View Post
    Nowhere does it say a court can FORCE a parent to sign for a minor, if it does, list it.
    The court may indeed force a parent to do pretty much anything that the parent may legally do with respect to the child if the court determines it to be in the best interest of the child. As a parent may legally authorize a child to get a passport or to get a driver's license a court may order a parent to sign the documents necessary to authorize those things. As state laws say that persons under age 21 cannot drink (with a few exceptions, primarily for religious purposes) a court could not order a parent to violate the law and provide alcohol to a kid (other than that which might be used for religious purposes, like Christian communion).

  9. #9
    Join Date
    Oct 2006
    Posts
    15,123

    Default Re: One Parent Won’t Allow Child to Get a Drivers License

    Quote Quoting cbg
    View Post
    I would love to see a case where a judge has ordered a parent to permit a 16 year old to get his/her drivers' license despite the parent's articulated reasons why s/he is reluctant. Got any links to specific cases?
    You aren't going to find anything published because to be published it has to go to the appellate level. There is very little chance that an issue like that would go any further than the trial court level.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,815

    Default Re: One Parent Won’t Allow Child to Get a Drivers License

    So - there's no backup for your statement that judges order parents to approve drivers' licenses for their kids against their will "all the time".

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