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I have now found out that my ex-husband is giving my 7-year-old

 
Dimitry Esquire's Avatar
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Customer Question

I have now found out that my ex-husband is giving my 7-year-old son wine when he is over for dinner. Please tell me this is illegal.

Submitted: 352 days and 23 hours ago.
Category: Family Law
Value: $38
Status: CLOSED
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Expert:  Dimitry Esquire replied 352 days and 23 hours ago.

Thank you for your question.

Unless the reason for the wine is religious or ceremonial (really the only exception to providing wines and spirits to a child), your ex can be pursued for Child Neglect and Child Endangerment. This is not "legal" and if you choose to consider calling Child Protective Services, they can investigate this further. You also can pursue this via the courts, claim the ex as unfit, and try to obtain greater rights as a Custodial Parent.

Good luck.Dimitry Esquire41036.1489212963

Customer replied 352 days and 10 hours ago.

Why is there a religious exception? He is doing it every Friday night for a Jewish shabbat dinner. He gives all his other children grape juice.

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Expert:  Dimitry Esquire replied 352 days and 8 hours ago.

Thank you for your follow-up.

 

The reason is because this is a first amendment exclusion, meaning this is considered permitted for religious reasons.

 

Good luck.

 

 

Dimitry Esquire41036.7874929398

Customer replied 352 days and 5 hours ago.

Even if the child in question is not Jewish?

Accepted Answer

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Expert:  Dimitry Esquire replied 352 days and 4 hours ago.

Thank you for your follow-up.

Hmm, that is a different issue. If the child is not Jewish, then it is not a religious reason behind it unless he is trying to raise the child Jewish. This is very much a borderline issue which the CPS may choose not to pursue based on the religious overtones, but I do see your point. It all depends on whether or not he is trying to raise the child Jewish or not, and if he claims that he is, CPS may choose not to pursue it. It is not as if he is giving the child alcohol every day but only during a religious observance.

Good luck.Dimitry Esquire41036.9229046296

Expert TypeAttorney
Category: Family Law
Pos. Feedback: 97.9 %
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Answered: 5/7/2012

Experience: I provide family and divorce law advice to my clients in my firm.

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