How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23523
Experience:  Active member of the NYS bar since 1989
18321761
Type Your Legal Question Here...
Zoey, JD is online now
A new question is answered every 9 seconds

My son is 12 years old and capeable of being home alone

Customer Question

My son is 12 years old and capeable of being home alone while my ex is working. Although he does not have a landline or provide our son with a cell phone. The other issue I have is my ex is an arborist. Most of the day he has a chainsaw running and can't hear if the cell rings. Is this child endangerment? My ex just recently got into a drunk driving accident with our son in the car.
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello,
My name is ***** ***** I will be assisting you with your question.
California has a penal statute for child endangerment, as it is a crime. You can see the elements of the crime as discussed in the statute below:
273a.
(a) Any person who, under circumstances or conditions likely
to produce great bodily harm or death, willfully causes or permits
any child to suffer, or inflicts thereon unjustifiable physical pain
or mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of that child to be
injured, or willfully causes or permits that child to be placed in a
situation where his or her person or health is endangered, shall be
punished by imprisonment in a county jail not exceeding one year, or
in the state prison for two, four, or six years.
(b) Any person who, under circumstances or conditions other than
those likely to produce great bodily harm or death, willfully causes
or permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health may be
endangered, is guilty of a misdemeanor.
___
Driving while intoxicated with his son in the car could be a form of child endangement, which is why DUI penalties are enhanced when there's a minor with them in the car. As for having no phone in the home, if there is an emergency plan in place and your son knows what to do in the event of an emergency and is capable of implementing that plan, the fact that his father leaves a responsible 12 year old unattended while he's at work would not be child endangerment.