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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12047
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Is it considered Child Neglect if you take you 8 year old son

Resolved Question:

Is it considered Child Neglect if you take you 8 year old son to an adult focused concert (Widespread Panic) starting at 9pm on New Years Eve? Also, the Dad and the son spent the night in his car and took him directly to the airport after sleeping in the car to return to his Mom.
Submitted: 2 years ago.
Category: Family Law
Expert:  GeorgetownLawyr replied 2 years ago.
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

For the state of Michigan, the Governors Task Force on Child Neglect and Abuse defines Child neglect as:

Child neglect encompasses several areas:

  • Neglect - harm or threatened harm to a child's health or welfare by the person responsible for the child's health and welfare through failure to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding those situations solely attributable to poverty.
  • Failure to Protect - knowingly allowing another person to mistreat or abuse the child without taking appropriate measures to stop such mistreatment or abuse and prevent it from recurring when the person is able to do so and has, or should have had, knowledge of the mistreatment.
    Improper Supervision - placing the child in or failing to remove the child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and results in bodily injury or a substantial risk of immediate harm to the child.
  • Abandonment - The person responsible for the child's health and welfare leaves a child with an agency, person, or other entity (DHS, hospital, mental health facility, etc.) unable or unwilling to assume responsibility for the child.
  • Medical Neglect - The failure to seek, obtain, or follow through with medical care for the child, with the failure resulting in or presenting substantial risk of death, disfigurement or bodily harm or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child.
What you describes appears borderline at best under the improper supervision prong. I hope this helps clarify. Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Customer: replied 2 years ago.

Dear XXXXX,

Perhaps my question was too vague and I needed to give you bit more information. The Mother lives in MI with her son. The Father lives in PA - with a visitation schedule. The boy (my nephew) was on Christmas break with his Dad and driving back from FL and planning on taking a flight from Charlotte NC on Jan. 1st (today) back home to his Mom in MI.

 

The Mom had no idea her son would be sleeping in a car overnight, nor did she know that the Dad would take her son to a concert starting at 9pm called (Widespread Panic) in Charlotte, NC. He was not physically harmed and I know taking a child to an inappropriate music event on New Years Eve is definitely bad judgement. However, I just wanted your insight to know if this action with no knowledge by the Mother has any possible legal implications or is it simply just bad parenting?

 

Thanks. Sorry for not being clear before.

 

HSL

 

Expert:  GeorgetownLawyr replied 2 years ago.
What you said before was adequate to answer the question and doesn't change my answer. It's more bad parenting than anything else. Unless there is a court order that says the father had to inform the mother of these activities, he did nothing legally wrong and even if he did, it is too late to do anything about it at this point. The child was not harmed and the mother is going to have to be ok with the fact that she cannot control what happens with the child when the father has the child. The father may not parent as well as the mother but as long as the child is not harmed that is what the court would focus on. I hope this helps clarify. Thanks and please be sure to click ACCEPT so that I may be given credit for my time and answers. Clicking ACCEPT does not charge you anything more and encourages experts to answer your future questions. Best regards.
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12047
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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