Booster seat use during visitation

[semerick]

What is the name of your state? TN

My seven year old son visits his father in FL for six weeks each summer. He's my only son and I worry about his safety while he's gone since his father seems to think he and everyone else in his family is invincible. My son uses a booster seat in TN since it's the law here for children under 80 lbs or nine years of age. It's not a law in FL thanks to the Jeb Bush's veto a couple of years ago. Even though I've given his father a booster seat and pleaded with him to use it, his response is always the same...it's not a law here so I don't have to. My son came home last year saying not only did he not use the seat, his sister (who 25 years of age and suffers from the same illusion of invincibility) allows him to sit in the front seat of her car.

This is my only child, and since his father drives a Saturn ION (which is basically a death trap on four wheels) and allows my son to sit with the shoulder strap over his head which means he's using a lap belt, I'm worried. His father also feels there's no need for any seatbelt as long as they're "in the neighborhood," even though they're in a heavily populated area. I was hit by a truck running a red light at 50 mph only a mile from his house a few years ago. I drive a Toyota Sienna and was able to walk away. I feel sure my son would not be so lucky. At least a booster seat would provide some level of safety. Can I force my son's father to use it? We have a paternity and child support agreement which says we'll share parental responsibility, but I have custody.

Thanks!

 

[stealth2]

Probably not. However, I would instruct your son on the proper use of the seatbelt, and that he should insist on sitting in the back seat.

 

[MominNJ]

What I would do is, convince my child that it is dangerous to not use his carseat. I would drill it in his head. You MUSt use the car seat. And that's the rules. Even when he's with dad.
Then when he's with dad, he will say he wants to sit in his carseat.
I only say this because it has worked very effectively for me. My daughters father never made her brush her teeth and I convinced her she HAD to no matter where she was.
So, she eventually took it upon herself to do it. (at 3 years old)
This has also worked with various other things.
If you make them understand they are doing these things for thier own health and safety, they will WANT to do it even if you aren't forcing them to.
Just an idea. You can take it or leave it.
Legally I have no idea what to do. LOL!

 

[Gracie3787]

Florida Statute

What is the name of your state? TN

My seven year old son visits his father in FL for six weeks each summer. He's my only son and I worry about his safety while he's gone since his father seems to think he and everyone else in his family is invincible. My son uses a booster seat in TN since it's the law here for children under 80 lbs or nine years of age. It's not a law in FL thanks to the Jeb Bush's veto a couple of years ago. Even though I've given his father a booster seat and pleaded with him to use it, his response is always the same...it's not a law here so I don't have to. My son came home last year saying not only did he not use the seat, his sister (who 25 years of age and suffers from the same illusion of invincibility) allows him to sit in the front seat of her car.

This is my only child, and since his father drives a Saturn ION (which is basically a death trap on four wheels) and allows my son to sit with the shoulder strap over his head which means he's using a lap belt, I'm worried. His father also feels there's no need for any seatbelt as long as they're "in the neighborhood," even though they're in a heavily populated area. I was hit by a truck running a red light at 50 mph only a mile from his house a few years ago. I drive a Toyota Sienna and was able to walk away. I feel sure my son would not be so lucky. At least a booster seat would provide some level of safety. Can I force my son's father to use it? We have a paternity and child support agreement which says we'll share parental responsibility, but I have custody.

Thanks!

Maybe it will help to point out the following Florida Statute to your ex:

316.614: Safety Belt Usage

3 (c) : "Restrained by a safety belt" means being restricted by an appropiately adjusted safety belt which is properly fastened at all times when a motor vehicle is in motion.

(4) It is unlawful for any person:

(a) : To operate a motor vehicle in this state unless each passenger of the vehicle under the age of 18 years is restrained by a safety belt ...

I hope this helps.
Gracie

 

[haiku]

my kid is 7, I give her booster seat to ANYONE who drives her who does not have one.

my kid is a safety freak, and she knows how to wear a belt properly and knows she is not allowed in the front seat until she is at least 10.

its pretty funny actually because my step kids all either do not wear belts or wear them improperly in thier moms car, and when they slip up in mine, my kiddo is the first one to speak up about it, LOL.

your first defense is impressing upon your kid the importance of his own safety in others vehicles even if it is his dads.

 

[inovermyhead]

I am in Florida..I agree with mominNJ. My son is 4 and he thinks that a police man will talk to him if he is not in his saftey belt/booster seat. I DO NOT in anyway make it seem as thoough he should be scared of the police BUT, I have told him that it is the law (which he does not understand but I try) and mommy will get in trouble and get a ticket if he is not in his seat and a seat belt on. I have bought my sons father a child seat through every stage of his growing and ask him each time he comes home if he used it. Also, some states , like Florida, offer FREE car seats to ANYONE who walks in the Florida Highway Patrol door and asks for one whether you can afford it or not. No questions asked. One other thing..I am a safety nut also, so in the custody/vsitation papers it specifically said that the other party could not pick up the other child without having proper child appropriate car seats for when they are growing and the vehicle must have operable seat beats and the child must be in one at all times per Flroida Law. It is the law here for seat belts..maybe a few tickets and a reeming from a police officer to the dad may help?? Just my two cents..

 

[Jillian483]

Don't quote me on this but some car insurance companies require a child under the age of 13 to sit in the back seat at all times. If they don't then they will not pay for any injuries that may result from them sitting in front. Some car companies also have something like this in their manuals. I remember because I used to pick on my little brother all the time because he was too little to sit up front.

 

[bradybunchmom]

dad is doing something stupid,dangerous,and illegal

remind dad that use of a booster seat is a law,and if he were to get in an accident,and the child isnt properly restrained.he could be chagred with child endangerment,which may be a felony,and he could lose visitation rights.

 

[stealth2]

remind dad that use of a booster seat is a law,and if he were to get in an accident,and the child isnt properly restrained.he could be chagred with child endangerment,which may be a felony,and he could lose visitation rights.

Again - read the relevant law in the relevant state, hon. FL does NOT require booster seat use. Dad is NOT breaking any laws - except for when the seatbelt is used in a manner not recommended. But he does not need to use a booster in FL.

 

[FLFamof5]

Against the law?

Although BF is not using his brain, he is not breaking the law???

I live in FL, my son is 8 and doesn't use a booster seat. He sits in the back seat and he is tall so the seatbelts do fit him appropriately. I do not allow him to sit in the front seat because of the airbag.

Just teach him safety... unfortunately, you can't convince BF of your wishes.

 

[Jillian483]

Although BF is not using his brain, he is not breaking the law???

I live in FL, my son is 8 and doesn't use a booster seat. He sits in the back seat and he is tall so the seatbelts do fit him appropriately. I do not allow him to sit in the front seat because of the airbag.

Just teach him safety... unfortunately, you can't convince BF of your wishes.

Ironiclly enough it is going to be the airbag that does the most dammage if you do get in an accident. The sirbag deploys at a very large force. It is ment to hit you in the chest. In the case of not fully grown people (kids) it will hit them in the face.

 

[semerick]

I spoke with an attorney here in Tennessee. Since we are residents of TN, I can have the child support agreement (which was originally signed in FL five years ago.) moved to this state and petition the court to include booster seat use as a condition of visitation. That shouldn't be a problem since booster seat use is already a law here. I can also have the child support amounts revised. Dad makes a whole lot more than I do now. I think Dad is soon going to realize stubborness doesn't pay. Thanks everyone for your input.

 

[stealth2]

This assumes that FL will release jurisdiction and/or Dad doesn't contest it. Which he'd be stupid to agree to.

 

[haiku]

I spoke with an attorney here in Tennessee. Since we are residents of TN, I can have the child support agreement (which was originally signed in FL five years ago.) moved to this state and petition the court to include booster seat use as a condition of visitation. That shouldn't be a problem since booster seat use is already a law here. I can also have the child support amounts revised. Dad makes a whole lot more than I do now. I think Dad is soon going to realize stubborness doesn't pay. Thanks everyone for your input.

As long as dad resides in FL. you cannot count on FL. releasing thier jurisdiction.

 

[bradybunchmom]

the bf is a irresponsible parent for not buckling up his kid

if the child isnt properly restrained, and the child gets hurt or killed in an accident, the bf certainly can face criminal charges. wether its a law or not.its stupid and irresponsible not to have a child properly restrained.