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  1. #1
    Join Date
    Jan 2009
    Location
    California
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    397

    Default Car Safety in California

    My step sons mother is resisting to put my step son, age 8 50 pounds in the back seat. She knows it's not the safest place to stick him in the front seat, but because it's not particularly a law, but encouraged by police officers, she's refusing to put him in the back seat.
    I spoke with a police officer and he told me that she should put him in the back and use common sense, there is no law against it.
    Since there is nothing we can actually do legally I have this question. I suspect that in about a year, his mom will go back to court to once again modify the visitation schedule. Will this be a factor if brought up, or does it not even matter? Is it a lost cause? Should we just pray that she doesn't get in an accident because step son could get SERIOUSLY injured???
    Thanks

  2. #2
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Car Safety in California

    I understand your concern. But it really is not your place to deal with this. It is the Fathers place, being your the step mother you actually have no legal grounds for this.

    Also if there is no law that requires him to be placed in the back seat. Then you really have no case.

    I understand that your step son could be serisouly injured. Although you did not state how tall your step son is. Which is another factor that is included with child seat/booster seat laws.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Car Safety in California

    Quote Quoting bigcountrysg
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    I understand your concern. But it really is not your place to deal with this. It is the Fathers place, being your the step mother you actually have no legal grounds for this.

    Also if there is no law that requires him to be placed in the back seat. Then you really have no case.

    I understand that your step son could be serisouly injured. Although you did not state how tall your step son is. Which is another factor that is included with child seat/booster seat laws.
    This is not your battle to fight and since there is no law against having the 8 year old in the front seat, no judge is going to order her to do it. I saw a report advising people that they shouldn't eat movie popcorn or hot dogs either. If he's found to be eating either, will you be taking her back to court for that as well?

  4. #4
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: Car Safety in California

    i realize i have no part in this legally, but what should father do? step son is 3'11"... not very tall.
    would this be something that would be needed it a future court hearing?
    step sons mom was going to put her other son who is younger but 15 pounds heavier and 2 inches taller... but i think because she knows it bugs us, she'll go against our wishes anyway, just to argue.
    is it something that can brought up in court, even though it's not against the law.
    as for the hot dogs and such, that's just silly... even though his mom doesn't feed him properly, we make sure that he eats good with us. hot dogs and popcorn isn't an immediate affect on his health, where getting in an accident and flying through the windshield possibly could be.

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Car Safety in California

    Father should leave it alone. She's not breaking any laws. Walking across the street and getting hit by a car POSSIBLY COULD have an immediate effect on his health. Should he never walk?

  6. #6
    Join Date
    Mar 2009
    Location
    New York
    Posts
    41

    Default Re: Car Safety in California

    Folks, she's just trying to ask a question because they're concerned for the kid. Go easy on her.
    I have no knowledge on the matter whatsoever, but it seems like if you sort through all the crap others are giving you, they don't know either. I would say, as always, consult an attorney familiar with the case to see if bringing it up would be worth it or would make you appear trivial. If it is a legitimate safety concern to you, perhaps you could purchase a booster seat for their mother to use (if she'll agree to use).
    Tough situation.
    Father should leave it alone. She's not breaking any laws. Walking across the street and getting hit by a car POSSIBLY COULD have an immediate effect on his health. Should he never walk?
    A child that age should be holding their parent's hand or similar when walking across the street. And to draw a more accurate parallel, riding around with a kid in a less safe position in a car would be like every time you cross the street with the kid, you don't bother to look before going.
    I was always told to look both ways...

  7. #7

    Default Re: Car Safety in California

    Get all of the "yeah but" out of your system here. Take "yeah but" into the courtroom (where, actually, the step parent shouldn't be in the first place, or should be FIRMLY muzzled if they must attend), and you'll annoy the judge who is in the position to decide matters regarding your child. And while CourtClerk's answers might not be warm and fuzzy, they are based on the REALITIES of what happens in courtrooms every day and experience that tells her that the response from the judge should these same items be repeated in court will be much LESS so. See how that's probably NOT a good thing?

    The state doesn't require the child to be in the seat. That'll be the end of the issue as far as the court is concerned. Yes, there are better decisions that could be made, but courts care about VIOLATIONS, not about "what if's". Lots of parents make poor decisions regarding their children, not the least of which is choosing someone to be the other parent who doesn't share the same level of parental concern or see eye to eye about car seat issues. No one is saying that the child shouldn't be IN a car seat - most people would want their kid in one - BUT, that's not going to play a part in any custody decision. In the big picture, when they decided to have children together, they told the world (and more importantly the court) that they gave each other the proverbial stamp of approval to BE a parent. Courts look for issues that are large enough to OVERRIDE that stamp of approval - and an issue like this that isn't a violation doesn't come close to that standard.

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