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Child Endangerment Question

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What is the name of your state?CA

Both parents have 50/50 custody. Dad pays CS support, medical, etc...

Dad has caught his 13 year old daughter driving mom's car around town, with mom in passenger seat, and brother, age 7 in backseat. Obviously, daughter does not have a driver's license, nor a permit. He plans on carrying a video tape recorder around, just in case he see this again. Daughter actually waived at him. He's witnessed it twice, told the mother it was wrong and he was concerned for their safety.

Question, can dad file child endangerment charges with a video tape of this activity? Daughter says she likes to drive her mom's car and her mom lets her "all the time". Could this be a potential custody change issue here?
 


LdiJ

Senior Member
dannysmyboy said:
What is the name of your state?CA

Both parents have 50/50 custody. Dad pays CS support, medical, etc...

Dad has caught his 13 year old daughter driving mom's car around town, with mom in passenger seat, and brother, age 7 in backseat. Obviously, daughter does not have a driver's license, nor a permit. He plans on carrying a video tape recorder around, just in case he see this again. Daughter actually waived at him. He's witnessed it twice, told the mother it was wrong and he was concerned for their safety.

Question, can dad file child endangerment charges with a video tape of this activity? Daughter says she likes to drive her mom's car and her mom lets her "all the time". Could this be a potential custody change issue here?

You know...quite a few parents start teaching their children to drive at about 13. The rationale for that is to give them more experience so that they will eventually be safer drivers.

My ex used to take our daughter out in the country and taught her to drive when she was about 13/14....and most parents I know have done some driving lessons in some form or another at about the same age.

Is it illegal? Yes, it certainly is. Would it be sufficient to justify a custody change? I don't know. I think it would depend on the judge.
 
LdiJ said:
You know...quite a few parents start teaching their children to drive at about 13. The rationale for that is to give them more experience so that they will eventually be safer drivers.

My ex used to take our daughter out in the country and taught her to drive when she was about 13/14....and most parents I know have done some driving lessons in some form or another at about the same age.

Is it illegal? Yes, it certainly is. Would it be sufficient to justify a custody change? I don't know. I think it would depend on the judge.

This was definitely no country road...major intersection in the city. I've also taught my son at around that age, but it was a country road and no other children in the car.

thanks for the info..
 

LdiJ

Senior Member
stealth2 said:
I'd be more likely to get on the horn and call the cops. Let them pull her over.

I waffled around a bit before responding to the this one....

I honestly have to disagree with that adivice. Why? The reason why is because if the cops pull them over and decide to issue a ticket....its the CHILD who will get punished. Mom may too...but the child's punishment will have a far greater impact.

What will happen with the child is that he/she will be convicted of driving without a license. That will make it extremely complicated for the child to eventally get a license....and make the child's insurance astromically higher when they do get one.
 

haiku

Senior Member
LdiJ said:
I waffled around a bit before responding to the this one....

I honestly have to disagree with that adivice. Why? The reason why is because if the cops pull them over and decide to issue a ticket....its the CHILD who will get punished. Mom may too...but the child's punishment will have a far greater impact.

What will happen with the child is that he/she will be convicted of driving without a license. That will make it extremely complicated for the child to eventally get a license....and make the child's insurance astromically higher when they do get one.

ya know, I really, really, don't want to be the one to get HIT by a 13 year old driver.....

I drove farm vehicles when I was 11, but I never left the farm.....
 
LdiJ said:
I waffled around a bit before responding to the this one....

I honestly have to disagree with that adivice. Why? The reason why is because if the cops pull them over and decide to issue a ticket....its the CHILD who will get punished. Mom may too...but the child's punishment will have a far greater impact.

What will happen with the child is that he/she will be convicted of driving without a license. That will make it extremely complicated for the child to eventally get a license....and make the child's insurance astromically higher when they do get one.

What about the issue of having children under 16 (in this case 7) in the car as well. Doesn't there safety have to be accounted for first. Wouldn't the mother be in major trouble with this??? This is not a small town. San Jose, California in fact, over (1M people population). The father saw once at a major intersection and on an expressway. Oh, and the daughter said that she drives to Los Angeles on Interstate 5 all the time (mom has family there). Son confirmed it. What's up with that?

I don't disagree that parents let there kids drive on occassion, however, I think a reasonable parent would do this during Sunday mornings, on country roads, within the neighborhood. Just because a 13 year old wants to drive, doesn't make it right and the mother is the parent not the child. Any insights?
 

stealth2

Under the Radar Member
LdiJ said:
I waffled around a bit before responding to the this one....

I honestly have to disagree with that adivice. Why? The reason why is because if the cops pull them over and decide to issue a ticket....its the CHILD who will get punished. Mom may too...but the child's punishment will have a far greater impact.

What will happen with the child is that he/she will be convicted of driving without a license. That will make it extremely complicated for the child to eventally get a license....and make the child's insurance astromically higher when they do get one.

So he just lets it continue? Ya know - if that's what it takes, and that's the consequence of it - then too freakin' bad. I'd rather take that chance over my kid(s) being killed or killing someone else. Yeah, that'll do wonderful things for the kid's future, too. Sorry, LDi, I think you're wrong on thisone.
 

snostar

Senior Member
LdiJ said:
Is it illegal? Yes, it certainly is.

This is complete BS! It is one thing to supervise an underage driver on your own property, but it is definitely NOT legal on the open road. This girl can't even have a learners permit yet. Danny, definitely call the police the next time you witness this, and hopefully if they intervene they will take Mom into custody and hand the children over you.
 

LdiJ

Senior Member
dannysmyboy said:
What about the issue of having children under 16 (in this case 7) in the car as well. Doesn't there safety have to be accounted for first. Wouldn't the mother be in major trouble with this??? This is not a small town. San Jose, California in fact, over (1M people population). The father saw once at a major intersection and on an expressway. Oh, and the daughter said that she drives to Los Angeles on Interstate 5 all the time (mom has family there). Son confirmed it. What's up with that?

I don't disagree that parents let there kids drive on occassion, however, I think a reasonable parent would do this during Sunday mornings, on country roads, within the neighborhood. Just because a 13 year old wants to drive, doesn't make it right and the mother is the parent not the child. Any insights?

Well I have to agree that if its that bad...something needs to be done. Allowing her to drive on an expressway or interstate, or in busy traffic is insanely dangerous.

I think that he should file for custody...and use that as his basis for filing. His daughter is probably going to hate his guts...buts its better than the daughter, mom and her whole family ending up dead...and maybe taking innocent bystanders with them.
 

LdiJ

Senior Member
stealth2 said:
So he just lets it continue? Ya know - if that's what it takes, and that's the consequence of it - then too freakin' bad. I'd rather take that chance over my kid(s) being killed or killing someone else. Yeah, that'll do wonderful things for the kid's future, too. Sorry, LDi, I think you're wrong on thisone.

After reading more detail on the situation, I agree that something needs to be done. I am still not sure however that its right to turn the child into a criminal with a record.

Mom is the criminal here for allowing it. It would be nice if mom could suffer the consequences of her actions without the child having to suffer them too.

Possibly a call to CPS rather than the cops?
 

snostar

Senior Member
LdiJ said:
Possibly a call to CPS rather than the cops?

You know CPS will likely do nothing especially when Mom denies the whole thing. The police can intervene immediately. It is also very likely the daughter will be off the hook, since Mom is the one in the passenger seat. Just put on the simple spin: the children are victims of the mothers irresponsble behavior.
 
snostar said:
You know CPS will likely do nothing especially when Mom denies the whole thing. The police can intervene immediately. It is also very likely the daughter will be off the hook, since Mom is the one in the passenger seat. Just put on the simple spin: the children are victims of the mothers irresponsble behavior.

That's what I've been thinking. The kid is just 13, mother is over 40...I don't think any cop would try to pin this on the kid....but mom would have to answer not only to a judge but to CPS, because of the report the Cop would file (if she's not arrested). One of his concerns all along was that the 7 year old was in the vehicle and the driving has been happening in open public highways, crowded and YES 65-75 speed zones on I-5. Dad called mother immediately to tell her he wasn't putting up with this crap, mother, of course, hung up.
And to spite him, continues to let the daughter drive. He's told the daughter when her mom tells her to get behind the wheel to not do it. He even told the daughter that if it's her instigating this and asking mom to let her drive that he doesn't not in any way want her to ask her mother or allow her mother to let her drive, period. He's not sure if the daughter is asking and the mother caves, or the mother just doesn't parent and says: "Okay"... He doesn't think that the mother is saying" Oh, hunny, do you want to drive?? He thinks the daughter is saying: Hey mom, can I drive?? Because mom always caves in to daughter, constantly. Daughter apparently likes driving, so she's been skirting the issue as to who's in control of the situation.

He told daughter that if he catches her again, or find out that it's continuing he would ground her. Hopefully, that might solve the issue before something terrible happens. He knows that if he gets the cops involved, the could very well hurt his relationship with is daughter, so he's trying to play tough dad.
 

LdiJ

Senior Member
snostar said:
Sorry Ld!! I must have blinked and missed the "il" in illegal, my error.

No problem...I actually thought that you were really commenting on the rest of my post...lol...rather than that specific statement.
 

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