Well here is the situation:

 

 

 

You are a minor 16 years of age and your father who was never married to your mother buys you a truck makes everything in his name and pays for the insurance and does not have full custody over you.

 

 

 

Does your mother have any legal rights to take your truck away? Seeing as nothing about it is in her name I assume it would be illegal.

 

 

 

Incase you are wondering... This will be my situation in about a month. My mother is very against me driving and will try to do whatever she can to take my truck away because she "doesn't trust other drivers."

No, I'm fairly sure she doesn't have the right to take your truck away. But I don't think you'd go as far as to sue your mother would you?

if its all in your fathers name, not yours, and nothing in your mothers, she cant touch it.

I don't believe she would. If you're father gave it to you, as in he stopped owning it, he wouldn't either.

From what I see this as, your father bought a truck so that you could drive. It's still his truck, but he just lets you use it. No official transfer has been made, except maybe you're on the insurance for the truck. Logically, the truck is your father's. You and your mother have no right, unless given by your father, over the truck.

I wouldnt let her take it anyway. :lol:

 

But yeah, I dont think thats legal.

 

Stupid reason as well.

Hmm thank you. No I don't plan on suing my mother. But my dad and I think it is important for her not to have any power to take away my vehicle without his permission due to issues of her "reasons" not to let me drive.

If she is your legal guardian then yes, she can stop you from driving. Whether or not you own the truck is irrelevant.

If she is your legal guardian then yes, she can stop you from driving. Whether or not you own the truck is irrelevant.

 

She can stop the driving, but she can't take the truck.

If she is your legal guardian then yes, she can stop you from driving. Whether or not you own the truck is irrelevant.

 

Yes, she can legally forbid you to drive the truck.

If she is your legal guardian then yes, she can stop you from driving. Whether or not you own the truck is irrelevant.

 

Yes, she can legally forbid you to drive the truck.

 

And that is all she can do. She can FORBID you to do it, but she can not actually physically reprimand you from getting INTO the truck and driving it. HOWEVER, she is allowed to take away your liscense and keep it in suspension until she thinks you are ready, or you reach 18...(in MOST states at least...)

Yeah, she can keep you from getting your license or even taking classes until you're emancipated. Although, you can get your dad to help you fight it if she takes it that ridiculously far.

Yeah, she can keep you from getting your license or even taking classes until you're emancipated. Although, you can get your dad to help you fight it if she takes it that ridiculously far.

 

But the only way you could have your dad help you out is if he was your legal guardian, and from how I have read it, he isn't so your plumb out of luck. :thumbdown: :thumbdown: :wall:

Well, I think his dad has partial custody. That gives him a lot of parental rights: such as being a legal guardian.

why is your mom so against you driving? tell her to get over herself, and that driving is the only way to get better at it, your ganna have to learn how to drive at some point, my parents were mad that i didn't drive enough when i was that age

why is your mom so against you driving? tell her to get over herself, and that driving is the only way to get better at it, your ganna have to learn how to drive at some point, my parents were mad that i didn't drive enough when i was that age

 

True to this statement, but also. She may think he is still not mature enough (no offense to you at all but it's honestly how some parents think) I can understand her thinking of it this way, one of my good friends just today got into an accident cause she basically didn't stop for a stop sign when she thought it was clear. She got hit and now has no bumper on her car. She got extremely luck, if she had accidentally gone through a little faster, she wouldn't be alive now. I saw the place where she wrecked moments after and was like wow. It is very very frightening. Oh and btw, this driver that just got hit today, she wouldn't drive over 45 when she first had her liscense. :roll:

 

 

 

Anyway back on point, the mom doesn't have to just not trust you. It could be that she thinks you just aren't ready to be out there and think for yourself just quite yet. Maybe it isn't a lack of faith in you, but your ability to judge other people's reactions, or possibly it's just her not trusting other drivers around you. Whatever her reasoning, at this point and time you can do nothing about it, other than to be as responsible as you can and get in as much practice as you can; may I suggest that you practice driving your lawn mower first? it's what my parents did... :lol:

I'm not to sure on what my dad's custody is. All I know is I'm with him every other weekend lol.

 

 

 

And if it makes any difference he is the one who signed me to go get my license.

 

 

 

Stilev, trust me, I told her that. And a week later she threw it in my face and said I was being an [wagon] to tell her that she should just get over it... She hates when I win arguments.

 

 

 

As for the reasons why she doesn't want me to drive.. I just think shes still on the whole "Oh no my boy is 16 i'm so old =[=[=[=[" But it is really getting old. She knows i'm a pretty good driver, been driving since I was 6, and even her husband took me out and said I did good. She backs everything up with "I'm your mom I don't have to have a logical reason why you can't go out on this great day which I have no plans to use the car."... Which is why i'm looking at legal help for when I get my car. :lol:

If technically everything is in his name, I.e registration, the insurance, tax etc and you're just what's called a "named driver" (allowed drive it under his policy) she has no right what so ever to try and take the truck from you or immobilize it, doing so would either be theft or vandalism against your father and he would be able to press charges. Afaik, custody has absolutely nothing to do with naming people under your policy and there's no loophole to get around for your mother about custody.

 

 

 

Don't worry, you don't have to sue your mother, your dad might have to though.

As said, she can't do anything to the truck, but she has the full right as your guardian to stop you from driving it. Unless you intend to pursue making your dad primary guardian your fairly out of luck.

Ahh difficult parents. As others have said, she can't take the truck, but she can prevent you from driving it. Perhaps think of a way to behave to her that would show her how stupid she is being?

Ahh difficult parents. As others have said, she can't take the truck, but she can prevent you from driving it. Perhaps think of a way to behave to her that would show her how stupid she is being?

 

Parents can be stubborn and overprotective (and they have every right to be so), but this is worth a try. If she still won't allow you to drive whilst she is your legal guardian, you're just going to have to live with it. You can own a vehicle, but driving at an age lower than 18 is a privilege, not a right. After all, a significant proportion of accidents occur to drivers under 18, and I'm afraid every parent is going to generalise to protect.

Ahh difficult parents. As others have said, she can't take the truck, but she can prevent you from driving it. Perhaps think of a way to behave to her that would show her how stupid she is being?

 

Parents can be stubborn and overprotective (and they have every right to be so), but this is worth a try. If she still won't allow you to drive whilst she is your legal guardian, you're just going to have to live with it. You can own a vehicle, but driving at an age lower than 18 is a privilege, not a right. After all, a significant proportion of accidents occur to drivers under 18, and I'm afraid every parent is going to generalise to protect.

 

 

 

I understand and agree completely, as my parents were somewhat like this as well. OP - try taking a certified drivers course, that might help her have more trust in your driving ability.

Hmmm, Well I thank you guys. It seems i'll just have to hope she isn't crazy enough to suspend my actual license.. And trust me. Anything I offer to show her i'm not a bad driver she just lets fly by and doesn't care. :roll:

Technically the truck belongs to your father because it's in his name. She can't stop you driving it if your father has given it to you but she can say things such as "I don't want you to go out after 10pm" or something like that. The court will probably give the truck back to your father if things were to go down this road unless he specifically states in court that he has given it to you. Technically you are just "borrowing" the truck until he puts it in your name. Sounds like she is still traumatized by something that has happened to her or someone she has cared deeply about involving cars/trucks etc She should probably go get help for that because she is trying to project her fears on to you which is unhealthy and controlling. My father in law's brother died in a motorbike accident and so he tried his hardest to steer my partner away from bike driving. In his controlling attempt he actually pushed him further in to riding bikes.

If you're sixteen, you have the legal right to live with your dad and not your mother. But I definitely don't recommend it as it will just cause a boatload of problems.

 

 

 

I pretty much agree with everybody else, but why don't you talk to someone who has knowledge in the law? They may be able to give better help than us.