asfasf
journeyman
Reged: 02/02/08
Posts: 84
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My 5-year-old daughter told me when she visited me that last Friday mom was busy so she sent a friend to pick up my daughter from school. That friend didn't have a car seat in her car. I can't imagine how she managed to take my daughter home, probably put her on the backseat under safety belt.
I don't know whether this is enough to bring mom back to court for a modification of custody / visitation? We just had a contested custody case that gave me joint legal custody and weekend visitation.
Thanks in advance.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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If you can find about 100 similar things to establish a pattern, then yes. One time? Not a chance.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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No, It would not be sufficient to modify custody. At best you would acquire an admonition of the court indicating that each parent must transport the child in a vehicle with a properly licensed driver and proper child restraints.
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BeckaLeigh
Carpal \'Tunnel
Reged: 06/08/05
Posts: 6875
Loc: Texas
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You are grasping at straws. This will have no weight in court, most likely. Not enough to modify custody, for sure.
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I tried being normal once. Worst five minutes of my life.
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asfasf
journeyman
Reged: 02/02/08
Posts: 84
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Even though it's illegal to drive a child without car seat?
Thanks.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7139
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Since it was the child who told you and it's unlikely any family court is going to have a 5yo testify against their parent on something like this (especially as it's a one time thing) it is hearsay.
Also the mother could say she didn't know the person didn't have a car seat or that the person told her they did and has spoken to them about it OR she could say it was an emergency situation. No judge is going to reverse custody over this as a one time thing. You'd have to prove that it's happening over and over.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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"You'd have to prove that it's happening over and over."
Even then, it is not probable without more.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7139
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True. I guess I should have added "at the very least".
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7139
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On another note you could ask for a right of first refusal. Meaning if mom can't pick her up she has to call you to get her before anyone else. Of course since you were JUST in court and didn't ask for it I'm not sure how likely you'd be to get it now.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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BeckaLeigh
Carpal \'Tunnel
Reged: 06/08/05
Posts: 6875
Loc: Texas
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Yes, even though it is illegal not to use a car seat. The longer you go thru this, the more you will see that the same rules don't seem to apply across the board, even though they should.
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I tried being normal once. Worst five minutes of my life.
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