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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38124
Experience:  Retired (mostly)
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I have a 17 year old son who is uninterested in academics and

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I have a 17 year old son who is uninterested in academics and does poorly at school. He won't graduate high school. He has a job as a plumbers apprentice which he is good at and he likes. I admire his hard work. I am divorced and share 50/50 legal custody with his Mother although he lives with her although 40/60 custody.. No rules...no discipline..etc. Plus I have an executive job which requires long hours and they are to old for the nanny I once provided when they were younger. He is not returning to school here in California for his last year in high school. He will be working albeit I believe under the table(cash payment). This was done without my knowledge or consent.
What are the possible truancy consequences to me and could she have gotten consent from the school district for this situation. I don't want to discuss this with her as she will lie with impunity and throw a fit if not believed.

Hello,

Under Cal. Ed. Code 48293, a parent with control over a minor child who is determined to be a truant by the school district or court of appropriate jurisdiction, and which parent does not comply with the orders of the court concerning the child's truancy, shall be liable:

  • (1) Upon a first conviction, by a fine of not more than one hundred dollars ($100).
  • (2) Upon a second conviction, by a fine of not more than two hundred fifty dollars ($250).
  • (3) Upon a third or subsequent conviction, if the person has willfully refused to comply with this section, by a fine of not more than five hundred dollars ($500). In lieu of imposing the fines prescribed in paragraphs (1), (2), and (3), the court may order the person to be placed in a parent education and counseling program.

 

The way to avoid liability is to ask the family court to declare the child emancipated, on grounds that the child no longer requires the financial support of his parents, and refuses to submit to parental control.

 

There is a very credible sanction that the court can and will impose if the child refuses to attend school: the court will suspend the child's drivers license, until the child returns to school. This will likely terminate the plumbing apprenticeship -- so, I think that you may have more leverage here than you may otherwise believe.

 

Hope this helps.

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Customer: replied 3 years ago.


Sir,


 


I have read on the Superior Court website that my son would need to provide proof of legal employment. He is being paid cash for plumbing work(I am sure nothing illegal but hard to prove employment). Can this be gotten around legally. Plus it says he must continue in school till he is 18 even if emancipated. Is there any way around theses issues. He is learning nothing in school and is a hard and happy worker.


 


Regards,


 


 

Hello again...you asked:

I have read on the Superior Court website that my son would need to provide proof of legal employment. He is being paid cash for plumbing work(I am sure nothing illegal but hard to prove employment).

A: A licensed contractor who pays an apprentice cash, rather than as an employee, with payroll taxes being deducted, is violating both state and federal tax law. If your son were to ask the Cal. Employment Development Department (EDD) to investigate, the contractor would be fined about $25,000, and his contractor's license would probably be suspended by the Contractors State License Board (CSLB). This wouldn't help your son much -- but the botXXXXX XXXXXne here is that you need proof of employment, and the contractor needs to provide it. If he won't employ your son, your son can literally destroy his boss' career. Though, I can't encourage a threat here, because that would be criminal extortion. However, the plumber needs to step up to the plate and pay your son minimum wage as an employee, at least long enough to get a work permit from the district.

Can this be gotten around legally. Plus it says he must continue in school till he is 18 even if emancipated. Is there any way around theses issues. He is learning nothing in school and is a hard and happy worker.

A: Your son can get a permit to work full time from the school district. If emancipated, your son doesn't need your permission. Otherwise, he needs your and the school district's permission. Education Code 49131.

Hope this helps.
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