• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

parent giving alcohol to young children during visitation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jdlayton5

Junior Member
What is the name of your state (only U.S. law)? IN/OH

My divorce and custody issues are through Ohio courts, my ex and myself both live in IN presently, where the incidents occur. My question is my ex and his long time companion have been giving my 12 year old and my 15 year old alcohol for a number of years. It started with "bonging beer" on vacation when they were 6 and 9. My 12 year old may possibly have a drinking problem, as he likes and has been sneaking hard liquor. I have just found all of this out and went to file ex parte (?) to stop custody and visitation through my lawyer in OH. My ex is losing custody and visitation pending a hearing, but they are not going to prosecute because he did violate any orders in our custody papers. There will be no jail time for either of the adults involved. I am confused, they repeatedly broke the law, how can they have no legal consequences for what they have done to our children?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? IN/OH

My divorce and custody issues are through Ohio courts, my ex and myself both live in IN presently, where the incidents occur. My question is my ex and his long time companion have been giving my 12 year old and my 15 year old alcohol for a number of years. It started with "bonging beer" on vacation when they were 6 and 9. My 12 year old may possibly have a drinking problem, as he likes and has been sneaking hard liquor. I have just found all of this out and went to file ex parte (?) to stop custody and visitation through my lawyer in OH. My ex is losing custody and visitation pending a hearing, but they are not going to prosecute because he did violate any orders in our custody papers. There will be no jail time for either of the adults involved. I am confused, they repeatedly broke the law, how can they have no legal consequences for what they have done to our children?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
It is not against the law for a parent to give THEIR child alcohol in their presence.
 

jdlayton5

Junior Member
thank you, it is nauseating to think of that behavior being ok, but I see what you are saying. so, all I can do is pray that when he gets visitation back he will not repeat the behavior. I don't see how not going to jail or doing community service or something does anything besides prove they can get away with endangering the kids. Frustrating. Thanks for your reply I appreciate it very much.
 

acmb05

Senior Member
Actually, it is illegal in Indiana for a parent to provide alcohol to their child.
No it is not.

Indiana
- No one under the age of 21 years is allowed to consume, transport, or possess alcohol. But he/she is allowed to consume, transport, or posses alcohol when supervised by the parent or guardian. Something also interesting, no one under the age of 18 is allowed in tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished. But is allowed when the child is with a parent, guardian, trustee, or other family members.
 

jdlayton5

Junior Member
is that true in florida? they vacation there and it happens then too. How can they prtoect your kids against strangers and not their own parents? Is there a line that the law wold look at and say that it is not appropriate? lets say bonging beer at the ages of 6 and 9? what line would have to be crossed for the courts to say it is not ok for the parent to provide alcohol?
 

acmb05

Senior Member
is that true in florida? they vacation there and it happens then too. How can they prtoect your kids against strangers and not their own parents? Is there a line that the law wold look at and say that it is not appropriate? lets say bonging beer at the ages of 6 and 9? what line would have to be crossed for the courts to say it is not ok for the parent to provide alcohol?
No it is not the same in Florida.

Florida
- No one under the age of 21 is allowed to consume or posses alcohol. But interestingly you can taste (can't consume) an alcoholic beverage if it is required of a class in a postsecondary educational institution (college) but only if you're at least 18 years of age. It's illegal to drive a motor vehicle with a BAC of .02 or higher if under the age of 21. For anyone 21 years of age or older may not drive if they have a BAC of .08 or higher.
 

acmb05

Senior Member
is that true in florida? they vacation there and it happens then too. How can they prtoect your kids against strangers and not their own parents?
It's called common sense. Although it s not illegal I am sure that if the police or CPS were called and the child had a high blood alcohol content then the parent may be charged with something such as child neglect.

Is there a line that the law wold look at and say that it is not appropriate? lets say bonging beer at the ages of 6 and 9? what line would have to be crossed for the courts to say it is not ok for the parent to provide alcohol?
That would be up to each individual Prosecutor. Some may see it as a problem and some may not.
 

acmb05

Senior Member
What is the name of your state (only U.S. law)? IN/OH

My ex is losing custody and visitation pending a hearing, but they are not going to prosecute because he did violate any orders in our custody papers.
If there has not been a hearing yet then who ordered this?


There will be no jail time for either of the adults involved. I am confused, they repeatedly broke the law, how can they have no legal consequences for what they have done to our children?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Because he did not break the law.
 

Indiana Filer

Senior Member
No it is not.

Indiana
- No one under the age of 21 years is allowed to consume, transport, or possess alcohol. But he/she is allowed to consume, transport, or posses alcohol when supervised by the parent or guardian. Something also interesting, no one under the age of 18 is allowed in tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished. But is allowed when the child is with a parent, guardian, trustee, or other family members.
What section of the I.C. (Indiana Code) is this?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top