Shared Custody and Car Seat Use

cryswilkins

New member
Anyone have any experience with this? Friends of ours are about to go through a custody dispute, and their DD's mom doesn't use a booster with her. She is 5 about 38 lbs and we are an 8 or 80 state, so she is legally required to be in a seat. Mom doesn't care what the law is. :thumbsdown:

Can you draw it up in the custody agreement that she must be in a proper seat? Then document it if she doesn't? Has anyone had any success with this? TIA!
 
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LISmama810

Admin - CPS Technician
I have heard of court-ordered seat inspections (also court-ordered child-proofing). Not sure how it works, though.
 

mommycat

Well-known member
Ugh. Hope they can resolve it without having to resort to anonymous calls to the cops for child endangerment or whatever not using a booster might qualify as.
 

Mama Jo

New member
You can request anything and everything you want in a court order. The judge will likely take it under advisement, and then decide if it's necessary. I've seen crazier things in court orders than carseat requirements, and I'm sure if your friend has documented reasons as to why she is concerned for her children's safety - especially if the g'parents are willing to break the law - then the judge will definitely take that into consideration.

I have custody of both of my kids, and their dad's don't have visitation. But you can bet that if they ever tried to get it, I would make sure there were carseat stipulations in the court order.
 

Austins-mama

New member
My brother in law and his ex have court ordered car seat usage clauses because the Mom doesn't care - but the court would only go by the law not by best practice.

so my 4 year old 30lb nephew is in a graco turbo booster with his mom. but its within the law so theres nothing BIL can do.
 

Jonah Baby

New member
I would say that if she cannot properly "child-proof" for the child, then she shouldn't have custody.

Good thing the law in that state provides a 5 year old to be seated "correctly."

Fight for it. It would be considered child endangerment in most states.
 

rochelle

New member
My brother in law and his ex have court ordered car seat usage clauses because the Mom doesn't care - but the court would only go by the law not by best practice.

An ex-colleague have that included too else her ex-hubby would put her than 4yr old son in just a seatbelt.
 

BW1426

Well-known member
Father would not be out of his realm to call the police when child leaves with mom. At some point I'd think they'd actually go chase her down if for no other reason than to get him to stop calling. Slapping her with a ticket would likely be a good way of remedying the situation. Or, have dad teach kiddo how to use a backless booster and just have her carry it out with her to the car.
 

SillyLily

New member
My sister now has it written into their "parenting plan" (which is basically a Washington state custody agreement, I think) that my niece has to be in an appropriate car seat when she is picked up, and that either my sister or my mom will check the seat each time to make sure it is properly installed. This was a very recent change, only after a mediation hearing.

Prior to the mediation/change, my niece's father would pick her up in his pickup that had airbags, put her in the front seat in an old overhead shield seat installed with a lap belt across the shield part. The seat would flop all over the place as he drove away. :mad:

As a side note, going through mediation rather than going to another court hearing proved to be much more beneficial for my sister/niece. Not only were there less court/lawyer costs, but the mediator was much more interested in my niece's safety and well-being than the judge that presides over their case is.
 

Mama Jo

New member
As a side note, going through mediation rather than going to another court hearing proved to be much more beneficial for my sister/niece. Not only were there less court/lawyer costs, but the mediator was much more interested in my niece's safety and well-being than the judge that presides over their case is.

Mediation is required in my state. As well as a number of other states, but I don't know the list off-hand.

If I ever had to put a parenting plan or custody or visitation agreement into place, I would fight with every ounce of my being to make it so I would provide the carseat, I would install the carseat for each and every visit, and the child would only ride that vehicle in that seat. And the seat would then be returned to me after the visit. It would be up to the judge to approve or deny, but that's what I would fight for.
 

Mommy0608

New member
Anyone have any experience with this? Friends of ours are about to go through a custody dispute, and their DD's mom doesn't use a booster with her. She is 5 about 38 lbs and we are an 8 or 80 state, so she is legally required to be in a seat. Mom doesn't care what the law is. :thumbsdown:

Can you draw it up in the custody agreement that she must be in a proper seat? Then document it if she doesn't? Has anyone had any success with this? TIA!

Is your friend in MI? It's age 8 or 4'9" here, there's no weight requirement. ;) Of course, she has a long way to go. I don't know much about the question at hand, but hopefully since it's the LAW they'll write something into the agreement.
 

Defrost

Moderator - CPSTI Emeritus
When this issue came up with my friend (dad showed up to take kids for visitation with not enough seats + improper seats for the kids) the police told her to call them BEFORE he left with them, because at that point it was a "domestic dispute" and they had to come out. She was told by the PD that if she called after they had left, it would be up to the officers on duty at the time to decide if they had the time to chase him down and investigate the claim.
 

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