Most people know that children who engage in delinquent conduct are subject to juvenile court proceedings. However, did you know that a person may have civil liability for the wrongful conduct of a child in their care?

Under the Texas Family Code, "a parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by: (1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or (2) the wilful and malicious conduct of a child who is at least 12 years of age but under 18 years of age." For wilful and malicious conduct, recovery is limited to $25,000.00 actual damages per act, plus court costs and reasonable attorneys fees. This limit is per act, not per episode. When two teenagers decided to plug sinks and turn on the water in three homes, each homeowner received a separate award against the parents. There is a special section on damage to hotel rooms.

Regarding negligent conduct, there are no age restrictions or monetary limits of liability. Additionally, exemplary damages can be awarded. In one case, a boy's nose and tooth were broken in a fight at a sporting event. The jury awarded $9,000.00 for pain and mental anguish, and $8,100.00 in exemplary damages.

Parental liability has also been asserted in cases involving the negligent entrustment or accessibility of dangerous instruments to a child, including guns and automobiles.

The good news is that few cases are pursued under this law, and homeowner's insurance may provide coverage.

If you believe you will be involved in a contested divorce:

1. Save or obtain access to money.

Almost all attorneys will require a retainer fee. The amount will depend on the issues involved in your situation. Your spouse may also stop contributing to you and the household expenses. You need to save enough money for a retainer fee and at least
3 weeks living expenses. You should have a separate bank account in your name. If possible, you should have separate credit.

2. Consult an attorney and consider talking to a counselor BEFORE you talk to your spouse about separation.

Divorce is a financial decision as well as an emotional one. Make sure you are ready in both areas.

3. Consider talking to a financial planner

There are several in the Dallas area who focus on divorce planning. At a minimum, prepare a budget of your household expenses - a) present; b) what they would likely be if you left your current home. If you don’t think you will stay in your current home, find out apartment prices. Don’t forget to list and prorate quarterly, semi-annual, and annual expenses.

4. Copy Documents (examples below)

• 3-5 years tax returns, including schedules (individual & business)
• bank and other financial institution statements
• financial statements
• retirement account statements
• stock option information
• employee benefit information
• deed to any real property you or your spouse has an interest in
• deed of trust
• mortgage balances on those properties
• tax appraisal district statements
• titles to motor vehicles
• insurance information (home, auto, life, health)
• notes receivable
• notes payable
• Credit account statements (most current)
• information on any other debts
• information on any other assets

5. Consider doing the following:

• Order your credit reports
• Order your FICO score
• Inventory your house, garage, storage units, and safety deposit boxes. Take pictures of antiques, silver, china, guns, collections, etc. Keep this information at a location not accessible to your spouse.
• If you haven’t been in the workforce for awhile, get with a career counselor (local colleges offer this service)