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When Teen Driving Sparks Major Co-Parenting Disputes
Even parents who have successfully navigated co-parenting through toddlerhood, grade school, and middle school after a divorce may find themselves in uncharted waters when the child becomes a teenager. While one parent may see a brand-new driver’s license for a teenager as a milestone of independence, the other may see nothing but potential danger. This means that when a teen begins driving, Illinois parents may discover an entirely new category of conflict.
From skyrocketing insurance premiums to disagreements about whether a car is actually a "necessity," and, if so, what the rules will be, teen driving can quickly become a constant battle. The disputes can intensify when one parent refuses to list the child on his or her insurance policy, objects to siblings as passengers, or claims the other parent is letting unsafe driving behaviors slide.
And which parent – if either – is responsible for paying for a teen’s car? Under Illinois law (750 ILCS 5/602.5), these issues intersect with decision-making authority, financial responsibilities, and safety considerations, making them much more complicated than "regular" household rules. A Kane County, IL family law attorney can help you navigate this unknown territory while assisting with a post-decree modification, if necessary.
Why Has Teen Driving Become a Major Post-Decree Issue Across Illinois?
Illinois has a strict Graduated Driver Licensing (GDL) program that phases new teen drivers through permits, initial licenses, and full licenses, all requiring parental consent. The teen must have 50+ hours of supervised practice, with 10 of those at night, and driver’s education.
Full driving privileges do not occur until the teen is 18 or has been licensed for 12 months, and night-driving curfews are in place until that time. As you might imagine, this is a fairly big commitment for parents who may disagree on which parent is responsible for which part of the GDL program.
Insurance costs for newly licensed teens are astronomical, and co-parents will have to agree on how those costs will be allocated. Many parents have wildly divergent parental philosophies regarding teen drivers. While one parent may be the type to hand over the keys and say, "Be careful," the other may want very strict guidelines in place for the teen. These conflicts can be difficult to resolve and may require court intervention.
How Do Illinois Family Courts Decide Who Controls Decisions About Teen Driving?
Illinois courts often categorize driving-related decisions as day-to-day parenting decisions unless there is a safety aspect that is not being addressed by one parent. Driving decisions might also fall under significant decision-making, which includes decisions regarding religion, health, education, and other important decisions.
Typically, both parents share in significant decision-making unless they are unable to work together to make those decisions. When disagreements over major decisions for a child rise to the level of a "substantial change in circumstances," then a modification of the allocation of parental responsibilities and the parenting plan may be necessary.
What About Insurance Battles and a Parent’s Refusal to Add a Teen to His or Her Insurance Policy?
Insuring teen drivers is expensive. When it comes to which parent will pay for the insurance, there is no automatic rule. It will depend on the language of the parenting plan, the income of each parent, and whether the teen needs a vehicle for school, work, or extracurricular activities (the judge will determine "necessity" vs. "privilege").
A parent who refuses to add the child to his or her policy when that child will be driving that parent’s vehicle is playing a risky game. If the teen has an accident, it could equal policy violations and potential cancellation of the policy, along with liability for any damages incurred by the teen. The court may allocate insurance costs and order compliance, or even modify parenting time transitions to avoid liability.
Contact a St. Charles, IL Parental Responsibilities Attorney
If a new teen driver is causing friction in your Illinois co-parenting agreement, you do not have to navigate the conflict alone. A knowledgeable Kane County, IL family lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC can help you evaluate your parenting plan, understand your rights, and negotiate clear driving, insurance, and safety rules for your child. MKFM Law serves family law clients across Chicagoland, and the suburbs from our offices located in Kane County, DuPage County, and DeKalb County. Call 630-665-7300 to schedule your initial attorney meeting.


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