My kids were in an auto accident. My husband (we are separated) is trying to recover theire damages. Can he do this?

Your husband has the right as the natural parent to initiate legal action for the child which is his unless and until a court takes away that right regardless of whether the two or you were married or how long you lived together. The important thing is to make sure that the rights of your children are protected by pursuing the case in a timely manner.

In the event that you are concerned that your husband will try to take the money from whatever settlement may be forthcoming, often times that situation is prevented because the insurance company may require that a "friendly lawsuit" be filed. The purpose of the "friendly lawsuit" is to get a court of law to approve the settlement agreement since a minor does not have the legal capacity to enter into a binding settlement agreement. When this process is initiated, the Courts will typically require the funds are to be invested for the exclusive benefit of the minor, and those funds will not be available to anyone, even the minor until the minor reaches the age of 18.

The more seriously injured the minor child is, and the larger the amount of the settlement, the more likely this procedure will be required. However, because of the costs associated with this process can be significant, and because those costs are typically paid by the insurance company, insurance companies make a business decision on whether or not to go through the process of requiring a friendly suit.

If this is your concern, contact an attorney or the insurance company and request that if the case is settled, that they require a friendly suit to protect the funds so that your child will be the one to receive the funds for the settlement.