By: dmc-admin//October 21, 2002//
This is because the statute expressly excludes “joint legal custody” as defined by Wis. Stat. sec.
767.001(ls) as the type of custody “both” the husband and wife must have over their daughter under Wis. Stat. sec. 343.15(2)(b).
“Langer further suggests that because both parents exercise some degree of control over the minor’s driving, both should be responsible for the consequences when the child is in an accident. [Citation]. However, in the case where parents do not share the appropriate type of custody, it is a single parent who has allowed the child the privilege of obtaining an operator’s license and it is that single parent who has accepted responsibility. To impute liability to a non-sponsoring parent who happened to be in physical charge of the child that day takes us back to the argument on physical custody, which we have already rejected.”
Judgment affirmed.
Recommended for publication in the official reports.
Dist III, Brown County, Warpinski, J., Hoover, P.J.
Attorneys:
For Appellant: Frank T. Crivello II, Milwaukee; Gregory B. Conway, Green Bay
For Respondent: Matthew E. Yde, Wausau; Douglas R. Ross, Wausau