Car seat clause in custody agreement?

MalilyMama

New member
Have any of you added or heard of a clause mandating proper car seat use in a custody/ divorce agreement. I am kind of freaking out because my soon to be ex has a history of not using a car seat with our DD (4y/ 40 lb). I thought I saw something like this on here before... If so, would you mind telling me what it covered and how it was worded. I am afraid I will be laughed out of the office when I bring it up to the attorney. Any advice is appreciated.
 
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lpperry

Active member
My husband doesn't have a car seat clause in his custody agreement, but I think you can put any clause you want as long as both parties end up coming to an agreement. Or if it goes to court, if the judge approves.

I would write down exactly what you want. For example:

When DD is transported in any vehicle, it is required that she ride in a harnessed seat appropriate for her height and weight until she is _____ years old. After __________ years of age, DD will ride in a high back booster (or harnessed seat) with proper belt fit until she is at least _______ years old. After ______________ years of age, DD will ride in a low back booster (or high back booster). Once DD is ______years old, she will remain in a low back booster until she passes the 5 step test in each individual vehicle. Only after she passes the 5 step test, may she be transported in a vehicle seat with a seatbelt. DD may not ride in the front seat of any vehicle until she is ________ years old.

My wording needs some work, but something like that should be ok. Be very specific about which seat DD may ride in at each age and weight if you prefer).
 

tjham

New member
Up until recently, I would have thought a court order wouldn't go into such detail. But my son's court papers for his daughter are that detailed about phone use because the mom wouldn't let my granddaughter call him, at all. It says "child may call other parent no more than 3 times a day, for no more than 30 minutes total." (He didn't ask to be called 3 times a day, that was puzzling.) So if they can be detailed for that, I would think car seat use would also be a relevant concern.

Good luck!
 

MalilyMama

New member
Thank you for your responses. I am just trying to cover all my bases here. I feel like I am being naggy by even asking my lawyer to include this, but I also feel like unless it's in writing he won't care at all...
 

Brigala

CPST Instructor
I'm afraid even if it's in writing, he's free to ignore it. Nobody ever enforces custody/visitation arrangements, unfortunately. :(
 

tjham

New member
Sadly, that's true. :( But he may not know that. ;)


And...IF she is ever injured BECAUSE he did not properly restain her, after it was written into the custody agreement, maybe he would face some kind of charges.
 

tam_shops

New member
I have a friend w/ it in hers and if I remember correctly, it's more like/about following the min law as a requirement. May even be the same wording.

I know I'm a bit radical when it comes to car seats, so I'd go for a *slight* reminder that the car seat laws (quote yours) must be followed. So, here it'd be 22# and walking before FF. Then, harnessed to 40# and then booster until 4ft 9in. Then, you don't look like you are trying to control him as much as require he follow the *law* anyway. I know that means your 1yo could be FF, guess you could go for the AAP guidelines, if you think you'll get away w/ it 2yo FF and 8yo harnessed, but even here, the 8yo harnessed starts debates...Someone quoted a source for the 8yo harnessed here recently, even I was surprised (and probably will do it).

tam
 

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