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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87229
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely, If my ex/estranged comes to pick up the children and

Resolved Question:

Ely,

If my ex/estranged comes to pick up the children and she does not have the right car seats for the children to be safe, do i have to let them go?
currently she has a booster with no back for a 44lb 6yr old (42inches) and no booster or car seat for an 8yr old (63lbs) and 51.2 inches. TSDPS and AAP both say that the have to be at least 60lbs for no back and 57 inches for no booster. As stated above neither of these apply to my children.
So do I have to let them go even if it is unsafe/illegal?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. I hope you are well and happy Fourth.

Do the temporary orders state anything about the car seat at all, or, are they silent on the matter?
Customer: replied 1 year ago.

The current orders are completely silent on the matter. the mediated orders we are planning will be specific, but for now, nothing is written.

Expert:  Ely replied 1 year ago.
Thank you.

In this case, I am afraid that you cannot deny transfer of custody simply based on this. Custody may be withheld despite order only if there is reasonable apprehension of immediate harm to the child. This is negligent, but not "immediately dangerous" per se. However, you have the right to file to amend the temporary orders to include the demand that she employs a child's chair that is suitable for her age and size.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87229
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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