My friend Karen has to court to go tomorrow, because of her 13 year old son.

Karen and her husband has been divorced for 5 years. She has physical primary custody, but they have joint custody in regard to decision making. The dad is very involved in his son's life.

Well the 13 year old, had become quite a handful. Always in trouble in school and even a few times with the neighbors.

His dad has remarried for 3 years and Karen and the step mom get along (or did) very well. The son was over at his dad's and stepmoms and got mad at the step mom because he kick their dog, and she sent him to his room. The dad was still at work.

Well the son got mad and took spray paint and painted her (step moms) new bmw. And also poured sugar in the gas tank. The step mom insurance paid for the complete paint job and motor.

Also, because it was vandalism the step mom had to file a police report. But the thing is the son admitted to doing it and in fact was right proud of it.

But the insurance is now going after the mom to be reimburse.

In AL the primary parent that has custody is responsible for damages that their son causes.

I think the son needs therapy. I think, in this case, that both parents should be held responsible for the costs, and that maybe the mom and dad should talk and work it out amongst themselves how to handle the insurance situation.

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Bio-mom's insurance (probably homeowner's liability) should represent her in the matter against the other insurance company's claim. If not, then bio-mom has to defend herself in court. She will have to assert that the step-mom was negligent in care of the boy because she sent him to his room and, obviously, wasn't certain he had stayed there (unless she parks her car in his bedroom.)

The best thing to do would for bio-mom and bio-dad to share the cost of the insurance claim. Or bio-mom can pay the insurance claim and bio-dad can pay for therapy for the lad.

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Actually she contacted her homeowners and her own auto insurance. Since her vehicle wasn't involved the auto wouldn't cover it, and since it didn't happen at her house, the homeowners wouldn't pick it up.

I honestly believe that whoever home the kid is at the time, that parent should be responsible.

When the step kids or even my daughter done damage to something of mine on our/mine time, I never contact my ex or the step kids bio mom. I just paid for or replaced the item myself.

And when one of the step kids, got in trouble the mom had to cover the expense if it happen on her time.

And once she took us to court to cover something that happen on her time, and the judge threw it out.

I don't think she should have contacted insurance at all. To me both the parents should work together to fix it and therapy for the boy!!!!

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A woman is like a teabag. You never know how strong she is until she gets into hot water.-Eleanor Roosevelt

It was over $12,000 worth of damage.

The BMW had to have a complete paint job and a new motor. Also something messes up the exhaust when the sugar went into the motor.

Wow, personally I would have been embarrased as hell to call insurance and say hey I need this fixed my kid caused this damage. I mean really??!! I think the parents should be responsible and that kid needs some major therapy!

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A woman is like a teabag. You never know how strong she is until she gets into hot water.-Eleanor Roosevelt

I don't think they should go after the bio-mom. I would think if they are having visitation, they have "custody" of the child at the time of the incident. It all boils down to the law in their state and what a judge decides.

Some counseling and some LONG days of community service would serve him right. 13 certainly isn't too young to start working off that debt in chores either...

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