Help For My Friend Asap

[KELL]

i have a friend that has a 2 year old daughter. her problem is that her ex has visitation on sunday and comes to her house with out a car seat for the baby. she refuses to let him take her. this has happened for the past two weeks. and when he does get to the house he calls the police because my friend wont let him take the baby. in the past he has been caught putting the baby in the front w/o a car seat of course. he just got his license back after having it suspened for speeding and wreckless driving( he even tried to run her off the road with the baby in the car) what can she do. she doesnt want to go against the court order(even though he is also behind almost $ 5,000.00 in child support)but she is afraid that with his driving record especially something will happen. any advise asap will be appreciated as this sunday is approaching.
thanks, a concerned mother and friend

 

[I AM ALWAYS LIABLE]

My response:

When it comes to safety issues, the court will not blast her for not letting him take the child. Next time he comes over, have your friend hold the baby in one hand, and a camera in the other. When she walks up to the car, and if the car doesn't have a baby seat in it, have her take some photos of the car. Then, she and the baby should turn around and go back to the house - - all the while saying to him, "Take me to court if you think your car is safe. But, I'm not letting you take MY child without a car seat."

IAAL

 

[KELL]

dear iaal,
thanks for the quick response and i will pass on your advice, but i forgeot to tell you last week he showed up w/o the car. he lives only about 1 mile away. but she knew that he would get into the car at some point during the day. what then????

 

[I AM ALWAYS LIABLE]

dear iaal,
thanks for the quick response and i will pass on your advice, but i forgeot to tell you last week he showed up w/o the car. he lives only about 1 mile away. but she knew that he would get into the car at some point during the day. what then????

My response:

Tell her to tell him - -

"When you can show me a receipt, and an actual car seat, then I'll have no problems with you taking my child. Hey, I think it's great that you want to take our child for a walk. But, you get nothing until I see both items - - and the receipt had better match the model of that car seat, too ! "

IAAL

 

[LegalBeagle]

Also check your state laws. In most states, a child under 5 must be in a car seat and in the rear seats.

 

[curlyq's mom]

On the common sense side, why can't mom loan her car seat for the day in the interest of safety, unless she's trying to find reasons for not allowing visitation (although a very good one!).

 

[LegalBeagle]

On the common sense side, why can't mom loan her car seat for the day in the interest of safety, unless she's trying to find reasons for not allowing visitation (although a very good one!).

Because if he can not make the effort to buy his own car seat and protect his child, then he does not deserve any favors.

 

[KELL]

as far as lending him the car seat, i guess thatshe could but i agree, why should he get any favors?? if he wants to be a real dad he should buy one himself. she also isn't thrilled that she is in the car with him period. he has many convictions for reckless driving. he is also behind on child support payments by almost $5,000.00. he should worry more about supporting the child rather than fighting with my friend about doing something that is against the law anyway.