Rearing children is a blessing and, at times, challenging. We all love our children and try to teach them proper principles. Children, should not however, be given unlimited freedom.
The next time your child says he or she wants to go here or do that, remember that you could be held legally and financially responsible for malicious or willful misconduct of your child. The law in Arizona, Arizona Revised Statute. § 12-661, says that an act of malicious or willful misconduct of your child that results in an injury to another person or property shall be imputed to the parent(s).
If your child commits a crime or intentional civil wrong that results in injury or damages, you the parent are on the hook up to $10,000.00 in cold, hard cash. Some examples that I have seen are your child: throws a grapefruit over the fence and breaks the plate glass window of a neighbor; shoots a paintball gun and it goes through a neighbor’s house or hits one of the neighbors causing injury; is playing in the backyard with a bow and arrow and the arrow accidentally goes over the fence; is playing with matches, throws a home-made match bomb device over the fence and catches the neighbor’s house on fire; constructs a “potato gun” and launches potatoes (a very popular example) (I know by experience, that a half-pound potato can do a lot of damage); launches a water-filled balloon through the neighborhood into a seemingly uninhabited vacant lot and accidentally hits a car causing a car accident, injury and property damage; throws rocks, gets into a fight at school, or causes damage to school property. Some of the examples can be classified as minor mischievousness, but some can be classified as actual crimes committed against person or property or some may also be classified merely as a civil penalty or petty offense. Nonetheless, it could ultimately end up costing you the parent a lot of money.
So the moral to the story is: 1) teach your children proper principles; 2) set a good example; 3) treat your spouse with respect; 4) have open discussions with your children; 5) make sure your children save some of their money that they earn from odd jobs, allowances or gifts so that if they ever commit an act of stupidity that costs them and you money, that they can share in the financial responsibility of their conduct; 6) teach them accountability; 7) make sure you have some money tucked away for times of emergency; and 8) say your prayers, keep your fingers crossed and hope that you never experience any of these problems.
If you do find yourself faced with a child who has done something stupid and is criminally or civilly responsible, contact an attorney, work through the problem with your youth, make him or her accountable for what they have done and turn the negative experience into a positive one so that when your child becomes an adult, he or she will have learned proper principles and become a productive member of society.
If you have any questions about family law please contact Rowley Chapman Barney & Buntrock at (480) 833-1113 and ask for Paul S. Rowley.