1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Is it legal for a parent to restrict their child from getting a license if the other parent is ok?

Discussion in 'Drivers License, Vehicle Registration' started by A_P_E_R_S_O_N, May 6, 2021.

  1. A_P_E_R_S_O_N

    A_P_E_R_S_O_N Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Tennessee
    I want to know if it's legal for a parent to stop their child from getting a driver's license entirely in Tennessee if the other parent is okay with it.
     
  2. Zigner

    Zigner Well-Known Member

    Messages:
    3,091
    Likes Received:
    1,671
    Trophy Points:
    113

    Sure it is. But one parent can authorize the child to get the license even if the other parent doesn't agree.
     
  3. Zigner

    Zigner Well-Known Member

    Messages:
    3,091
    Likes Received:
    1,671
    Trophy Points:
    113

    To be clear, one parent can forbid their child to get one, while the other signs the affidavit for the DMV. The DMV will issue the license based on that, but the other parent can still prohibit the child from driving.
     
    justblue likes this.
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,499
    Likes Received:
    1,209
    Trophy Points:
    113

    You haven't provided nearly enough information to permit an intelligent response to this question.

    Are the parents in question married and living together? Divorced? Never married? If never married, was the father's paternity established, and is there a custody order? If they're divorced or were never married but a custody order is in place, who has legal custody over the child? How old is the child? What discussions have the parents had about the subject? What does "getting a driver's license entirely in Tennessee" mean?

    There may be other questions, but let's start with those.
     
    justblue likes this.
  5. Zigner

    Zigner Well-Known Member

    Messages:
    3,091
    Likes Received:
    1,671
    Trophy Points:
    113

    I am going to disagree on this. TN allows a minor to get a driver's license if a "parent" (without further explanation) signs the required affidavit (https://www.tn.gov/content/dam/tn/safety/documents/minor.pdf). There are no questions about marital status or custody arrangements. I will admit that I haven't dug deeper to find out if "parent" is specifically defined as "legal parent" vs. "biological parent" as it relates to this code section, and it may be.

    Tenn. Code Ann. § 55-50-312
     
  6. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    1,487
    Likes Received:
    839
    Trophy Points:
    113

    How is the parent stopping the child from getting the license? That matters since there are all kinds of ways a parent might do that, some legal and some not. Tennessee only requires, however, that one parent execute the affidavit of responsibility for the minor, which may be a parent, step-parent living with the child, or a grandparent (with the consent of a parent). See Minor/Teenage Affidavit & Proof of School Attendance

    There is no requirement that a parent agree to sign on to having their kid get a license, and that parent may refuse to let the child drive while in his/her custody. If the parents are divorced, then the other parent could help the kid get a license and let the kid drive when he/she has the kid unless there is a court order saying otherwise.
     
    Zigner likes this.
  7. army judge

    army judge Super Moderator

    Messages:
    33,016
    Likes Received:
    5,237
    Trophy Points:
    113

    As a minor, no court recognizes your personhood

    Minors are legal incompetents in the eyes of our law
     
  8. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    1,487
    Likes Received:
    839
    Trophy Points:
    113

    Maybe that is true in the ROT (Republic of Texas) but it is not true in my state nor in the OP's state of Tennessee. In both those states, a minor is specifically defined as a person who has not yet reached age 18. As a Tennessee court states: "Throughout the Tennessee Code, with only two exceptions, we have found that 'minor' means any person who has not attained the age of 18 years." Scott v. Scott, No. 03A01-9708-CH-00305, 1999 WL 39506, at *2 (Tenn. Ct. App. Jan. 29, 1999). So Tennessee law, and thus the courts, do recognize minors as persons.

    However, that said, I agree that in general, minors do not have the full rights of adults and thus:


     
  9. A_P_E_R_S_O_N

    A_P_E_R_S_O_N Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Ok thanks that makes sense
     
  10. A_P_E_R_S_O_N

    A_P_E_R_S_O_N Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Perfect, this was exactly what I was looking for
     

Share This Page