Aiding The Delinquency of a Minor.....or just negligent? -->Please Help!!

[SilentThunder]

What is the name of your state? Alabama

My friend "Mandy" 's mother-in-law "Bev" works the evening-to-1am shift at a convenience store out in the middle of nowhere at a convenience store that sells alcohol and tobacco products. Whenever "Mandy" allows "Bev" to keep her little 4-year-old daughter for a few days stay-over "Bev" always takes the little girl up to the store and keeps her there while she works. The store manager keeps a handgun at the store under the counter in full view of the little girl and in a location that the girl could easily reach if "Bev" were to ever have her back turned to long. Unfortunately Alabama doesn't have any Gun "Child Access Prevention" laws, and according to what I've been able to determine as long as the little girl is not the one selling the alcohol or tobacco products then it's ok for her to be behind the counter. Does anyone have any idea if having a child that age behind the counter at this time of night or at this type of establishment constitutes any type of "aiding the delinquency of a minor" or "Criminal negligence"??

 

[JETX]

Before I answer, I am curious....
How the hell is ANY of this your concern??

 

[racer72]

My question is why is "Mandy" letting this happen? If she cared these visits should come to an immedate end. And when IAAL finds this thread, watch out!!!

 

[JETX]

And why the hell does Bev work there??
Damn, this is like watching a soap opera and having to WAIT for the next episode.

 

[hexeliebe]

Does anyone have any idea if having a child that age behind the counter at this time of night or at this type of establishment constitutes any type of "aiding the delinquency of a minor" or "Criminal negligence"??

The only Idea I have would entail taking the little girl out back of the store and teaching her how to aim and pull the trigger while "bev" and "Mandy" are in her sights.

 

[SilentThunder]

Aiding The Delinquency of a Minor.....or just negligent? -->Please Help!!

Q: How the hell is ANY of this your concern??
A: Mandy Is my sister-in-law and Bev is her Mother-in-law. Mandy is is the process of trying to get a divorce. She feels like she can't really deny her mother-in-law access to the little girl. The best that she can do is to tell Bev that the little girl, "Natasha" is not allowed to go to the store. But given the distance between them and her own work schedule she can't really monitor that well whether the little girl gets taken up there or not.

*****
Q: And why the hell does Bev work there??
A: To pay off the credit card bills that her son (Mandy's soon to be ex-husband) ran up when he stole her credit cards.

*****

Q: The only Idea I have would entail taking the little girl out back of the store and teaching her how to aim and pull the trigger while "bev" and "Mandy" are in her sights.
A: I can definitely understand your reasoning behind that reply. I wouldn't mind doing just that if it werre not for the fact that it wouldn't really do anything but stir up more drama.


*****
Also, FYI: Since my wife started babysitting the little girl through the week (while "Mandy's" at work) "Bev" has been calling our house every day to talk to the little girl over the phone. There was some concern as to whether or not "Bev" was trying to interject some unhealthy opinions of "Mandy" and her family over the phone so with Mandy's consent, an upgrade of my modem and a little software we are now recording all incoming calls so that mandy will be able to monitor "Bev's" calls and will have proof of her character that might be usable in court should it ever come down to a custody battle between Bev and Mandy (Mandy's ex has alerady experssed a lack of desire for custody).

 

[Ramoth]

Just make sure that wiretap isn't illegal in your state.

 

[hexeliebe]

Since my wife started babysitting the little girl through the week (while "Mandy's" at work) "Bev" has been calling our house every day to talk to the little girl over the phone. There was some concern as to whether or not "Bev" was trying to interject some unhealthy opinions of "Mandy" and her family over the phone so with Mandy's consent, an upgrade of my modem and a little software we are now recording all incoming calls so that mandy will be able to monitor "Bev's" calls and will have proof of her character that might be usable in court should it ever come down to a custody battle between Bev and Mandy (Mandy's ex has alerady experssed a lack of desire for custody).

Although Alabama is a one-party state, requiring that no permission is required for recording of a conversation as long as one party to the conversation gives consent (which could be you) this case is not applicable to that statute.

The reason is, you or anyone else is not a party to the conversations between this child and Bev". Therefore, you are committing a crime by taping these conversations and they will not be admissible in court.

You could also face local, state and federal charges should 'Bev' pursue it.

EDIT ADDED: By the Ramoth, wiretapping is illegal in every state without a court order.

 

[Ramoth]

THanks for the info. No day is wasted if you learn something.

 

[djohnson]

Also want to add that I don't understand why thinks she can't deny Bev access to her daughter. She doesn't have grandparents rights. If Mandy is the custodial parent, then what she does during her time is up to her. She can stop those visits. I think there is more to why she is letting her go.

 

[SilentThunder]

In reference to the "one party" rule of recording the calls, we obtained Mandy's permission to record the calls and felt that since the little girl was a minor then having the legal guardian's permission would be all we needed.

As to her inability to deny visitation to Bev, I think her inability to deny visitation is more based in an unwillingness than anything legal. She is trying her best to make the coming divorce as amicable asd possible, and has agreed to let the little girl visit the woman over the weekend one last time on the condition that she is not taken to the store. We will be monitorinig whether or not this happens and Mandy has stated that if the girl is taken to the store again this time then she will have no problem denying visitation all together in the future.