Who can sign on behalf of minor children?

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Latest post Mon, Dec 13 2010 8:11 PM by adjuster jack. 3 replies.
  • Mon, Dec 13 2010 6:59 PM

    • skier303
      Consumer
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    • Joined on Thu, Aug 20 2009
    • CO
    • Posts 15

    Who can sign on behalf of minor children?

    I have full legal and physical custody of my two minor children.  My ex-husband co-owns a car with my children.  It is a very long story I won't get into, except to say it is the result of a settlement after lengthy litigation.

    The car is titled in the name of my ex and child 1 and child 2. Not "and/or", but "and". 

    It has come to my attention that my ex-husband is about to sell the vehicle behind our backs.  Not sure if he's going to forget the children's signatures, or sign "on their behalf as their parent". 

    My question is:  Can a parent, who does not have legal custody, sign a car title on behalf of his children?  Or would that be fraud, forgery, or whatever you want to call it?

    And yes, I understand I can sue him civilly for the value of the car.  It isn't worth it, he's a deadbeat and there's no point throwing good money after bad money for yet another judgment that isn't worth the paper it's written on.  However, I was wondering if it might be possible to pursue him criminally for selling a vehicle that's partially owned by my children. 

  • Mon, Dec 13 2010 7:21 PM In reply to

    Re: Who can sign on behalf of minor children?

    As I understand minors can not own a vehicle, so I do not see why the kids would have to sign anything.

  • Mon, Dec 13 2010 7:50 PM In reply to

    • skier303
      Consumer
    • Not Ranked
    • Joined on Thu, Aug 20 2009
    • CO
    • Posts 15

    Re: Who can sign on behalf of minor children?

    I don't know whether or not minors can own vehicles.  The fact is that their names are on the title as the result of a court order.  Not sure if it makes any difference. 

  • Mon, Dec 13 2010 8:11 PM In reply to

    Re: Who can sign on behalf of minor children?

    skier303:

    My question is:  Can a parent, who does not have legal custody, sign a car title on behalf of his children?  Or would that be fraud, forgery, or whatever you want to call it?

    A parent is a parent is a parent.

    I checked the CO DMV and it looks like titles do not have to be notarized. So it's up to the buyer of the vehicle to make sure who's signing what before he turns over the cash.

    I really couldn't tell you if signing your childrens' names would be fraud, forgery, or even a civil wrong. Probably nothing the authorities would get involved in even if you reported.

    skier303:
    I understand I can sue him civilly for the value of the car.

    Actually, no.

    The correct method would be to haul him back to court to enforce the divorce decree, if the divorce decree specifies that the children get half the proceeds of the sale of the car.

    skier303:
    I was wondering if it might be possible to pursue him criminally for selling a vehicle that's partially owned by my children. 

    No. People don't pursue people criminally. People report the offenses and the authorities decide whether to charge the offender. Unlikely in this case, but you can call the police or local prosecutor and run it by them.

     

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