Booster seat during visitation

[semerick]

What is the name of your state? TN

I live in TN and my six year old son is with me most of the year, but he spends six weeks each summer with his father in Florida. I use a booster seat for him in TN since he's only 50 lbs, and it's now the law here, although I've always used a seat anyway. His father doesn't see the need and it isn't (yet) a law in Florida. I'm always concerned during his visits since his father drives such a small car and lives in very congested area of Florida where there are many accidents every day. During my son's last visit, I discovered his father has also allowed his older daughter to take my son in the front seat of her car and on a boat without a life vest (he said it was too hot.) My son's father obviously doesn't have the same values I have where safety is concerned. He's my only son and I want to do everything I can to keep him safe. I believe using a booster seat, keeping a child out of the front seat of a car, and using a life vest on a boat are the most basic of safety measures that most good parents do without question. Can I insist that my son's father do the same or no visitation? Can I legally do this? Thanks!

 

[LdiJ]

What is the name of your state? TN

I live in TN and my six year old son is with me most of the year, but he spends six weeks each summer with his father in Florida. I use a booster seat for him in TN since he's only 50 lbs, and it's now the law here, although I've always used a seat anyway. His father doesn't see the need and it isn't (yet) a law in Florida. I'm always concerned during his visits since his father drives such a small car and lives in very congested area of Florida where there are many accidents every day. During my son's last visit, I discovered his father has also allowed his older daughter to take my son in the front seat of her car and on a boat without a life vest (he said it was too hot.) My son's father obviously doesn't have the same values I have where safety is concerned. He's my only son and I want to do everything I can to keep him safe. I believe using a booster seat, keeping a child out of the front seat of a car, and using a life vest on a boat are the most basic of safety measures that most good parents do without question. Can I insist that my son's father do the same or no visitation? Can I legally do this? Thanks!

You can take it back to court and get a judge to order him to do those things (enforcing it unfortunately is a different matter) however no, you can't legally deny his visitation.

 

[rmet4nzkx]

Until you have your orders modified you wil have to allow visitation. While you may feel justified in your beliefs about child safety, there is a difference between laws and reccommendations.

As you acknowledge, the laws for auto child restraints are different between TN and FL, so unless you can demonstrate some reason why your child requires additional restraints or placement in the vehicle, as such as if your child were disabled or extreemly small or underweight, as long as he follows the applicable laws he can have his visitation. The reccommendation for children to ride in the back seat is mostly because of air bags and there are more than one specific reccommendation.

Insofaras life vests (PFD's), here are the requirements from the USCG including information to test on individuals in swimming pool prior to use and note that PFD's are designed to "Float" when properly fitted and tested, they do not necessiarly prevent drowning, please note that USCG regulatoins provide a minimum were state laws do not cover the issue, in that case, state laws apply.

LJ Regs for Children .....Coast Guard approved life jacket vests.
http://www.uscg.mil/d5/activities/actbalt/teamii/LJ_Children.htm

Here are the Florida laws specific to your question from the USCG site, :
"FLORIDA LAW and PFD's

All persons in the State of Florida under the age of 6, while onboard an underway vessel less than 26 feet, are required to wear an approved PFD. In this situation, the operator of the vessel is the one responsible to insure that small children are wearing an approved PFD.

All persons in the State of Florida operating or riding on a personal watercraft must wear an approved PFD.

Section 327.50 (1)(b) of the Motor Vehicle Laws of Florida, Vessel Registration and Safety chapter, states: " No person shell operate a vessel less than 26 feet in length on the waters of this state unless every person under 6 years of age on board the vessel is wearing a type I, type II, or type III Coast Guard approved personal flotation device while such vessel is underway. For the purpose of this section, "underway" shall mean at all times except when a vessel is anchored, moored, made fast to the shore, or aground."

Section 327.39 of the Motor Vehicle Laws of Florida, Vessel Registration and Safety chapter, states: " A person may not operate a personal watercraft unless each person riding on or being towed behind such vessel is wearing a type I, type II, type III, or Type V personal flotation device approved by the United States Coast Guard."

 

[nextwife]

Also, I have taught my child that under NO circumstances is she ALLOWED to ride in the front seat or without being in her booster. Period. She feels unsafe otherwise. Tell your child to insist she must do this to be "safe". My child simply will not ride in the front seat, because she knows (I explained) that it is very dangerous for her, Nobody has to make her. Same with being in the booster.

I was forced to explain why I made her do this when some of her friends did not have to (I was always appalled to see her friend's mom let her little friend scoot into the front seat of the SUV). So if a kid at school comments on her still being in a car seat, she simply says "The Highway Safety Administration says I SHOULD be in a car seat until I'm 80 pounds". I don't give a hoot if the LAW doesn't say I must belt her- this is what is KNOWN to make them safer.

http://www.nhtsa.dot.gov/people/injury/childps/

Proper Child Safety Seat Use Chart
Buckle Everyone. Children Age 12 and Under in Back!

Over 40 lbs.
Ages 4-8, unless 4'9''.

Belt positioning booster seat

Most seats require top slot for forward-facing
Belt positioning booster seats must be used with both lap and shoulder belt.

Make sure the lap belt fits low and tight across the lap/upper thigh area and the shoulder belt fits snug crossing the chest and shoulder to avoid abdominal injuries

WARNING All children age 12 and under should ride in the back seat All children age 12 and under should ride in the back seat
All children age 12 and under should ride in the back seat

 

[stealth2]

However, Dad would be well within his rights to tell the kid "tough - get in the car and NOW."