Blended Families

Ex's gf won't put LO in carseat, just booster

jamiegrenzjamiegrenz member
edited August 2013 in Blended Families

My ex-husbands girlfriend has picked my son up twice from daycare in the last three weeks for my ex-husband because he is "busy".  She only has a booster seat in her car for her son who is 7.  My son is 3.  My son told me he rode in the booster seat in "gf's car".  I sent my ex a text about the safety guidelines for boosters vs. carseats.  He picked my son up from me two days later and tried to justify his gf using the booster. When I tried to interupt, he told me to "shut up and listen" and proceeded to tell me that our soon was going to be 4 in four months and that he was only 8 lbs away from being the 40lb minimum limit.  He won't listen to reason.

His gf is picking my son up today from daycare (I was just informed of this) and I KNOW she only has the booster seat in her car.  What can I do about this since the ex won't listen to be about the guidelines.  God forbid anything happens to LO if they get in a car accident and he is in a booster that he doesn't qualify for.

Re: Ex's gf won't put LO in carseat, just booster

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  • I don't mean to sound stupid but what do I have the lawyer draft a letter saying?

    When ex-DH and I got divorced, we wrote our own divorce decree, I had my lawyer look it over and we never had to go to court.  We got along fine.  Never had any issues.

    For the last year ex-DH has had this gf who is SUPER insescure when it comes to me even though I am remarried.  She won't pick my son up from our house, she won't let ex-DH do joint birthday parties with everyone line we have up until this point.  She barely has 20% custody of her child for some reason and I just don't think she thinks like a mom does about car seat safety etc and ex-DH is a "big bark" kind of man where he won't ever be wrong so he just starts yelling. 

  • I'm assuming 4 years old, 40 lbs is the law in your state? If so I would refuse to let her pick up wo a car seat. I would let the daycare know, and then I would drive over there myself and make sure it didn't happen.

    Also, if this is an issue of not being able to afford another seat, I would offer to buy a standard seat for them.
  • My ex-dh tells everyone how poor he is but he has money to drink and just bought his gf a new Coach purse so if they say they don't have the money for a carseat, I would have to call BS. 
  • You can get a cheap car seat for like $40 from Amazon or Walmart. First thing I'd do is offer to buy one for them. It sucks to have to be out money for a seat when they should be paying for it but less than $50 = peace of mind so it would be worth it. If they refuse, then I'd be waiting at daycare for her to show up and be ready to call the cops. I would inform daycare of the situation so they are in the know. I take car seats seriously - I don't even let my friends 6 year old or my 6 year old niece ride in my car in boosters (because they are not mature enough to sit properly). There's NO WAY I'd ever let a 3 year old.
  • Does your EX use the proper seat? IF he does he should be giving it to her if she is picking the child up. All BS aside, if it came down to it I would provide the additional  seat and dare her a$$ to pick him up and not use it.

    I'd def. show up and make sure it was being utilized and then raise holy hell if she did not.

  • Ilumine said:
    Yep, I would contact the daycare.  Heck, I would purposefully take the time off and be there waiting for her, with cellphone and 911 ready to go.  

    But that is me
    Yep, I'd be standing right there. My kid would not get into the car without an appropriate carseat. I'd take pictures to document that there was no safe carseat in the car.

    I'd probably also talk to the daycare about having the gf put on a 'not allowed to pick up the kid' type list. If she doesn't care about the child's safety, he shouldn't be in the car with her. 
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  • Is it law or guideline? In NJ the law does not distinguish booster or car seat over 1yo. It states under 1 to be rear facing and until 8yo or 80lbs they must be in something but no distinction except recommendations. I would be pussed but there is nothing you can do unless the law states it. And I admit while I am very adamant about car seat safety I put DD in DS high back Diono Monterey booster when she puked too bad in hers to go to the doctor. She met the requirements for the manufactures requirements and say perfect in it at that exact age. I have a feeling though that you mean no high back.
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
  • OMG just read that in FL between 4 and 5 you can use just a seat belt! So that means car seat or booster only required until 3y364days!
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
  • Thanks ladies for all your suggestions.
  • I'm not one to be confrontational or stir the pot if it isn't necessary. However, in this case it is your child's safety and well worth the effort. I would do as the others suggested and contact the daycare provider. I would also go to pick up your child today with a copy of the state laws relating to car seats highlighted and tell them that they are not to release your child without the appropriate car seat.

    Just like we always tell SMs who complain about the BM spending money on crazy things, you can't control if XH buys his GF Coach bags or doesn't want to have joint birthday parties. I understand how that can be frustatrating to see she has a new expensive bag and your XH says he can't afford a car seat, but you'll drive youself crazy trying to figure out their priorities. You can't control  at least try to make the situation safer for your son by either buying a carseat or having a lawyer contact XH to tell him he must provide safe transportation for your child.

    "Being deeply loved by someone gives you strength, while loving someone deeply gives you courage." ~ Lao Tzu
  • Tell your lawyer the situation - let him do the drafting. He's a lawyer. He knows what to do, that's why you pay him.

    Notify daycare as the PP's stated.

    Notify your XH and tell him if it happens again, you'll be reporting her to the cops. 

    I would NOT offer to buy a car seat.  They should do it and care enough to put your child in the proper flippin' seat.

    I would so be all over this in a heartbeat.

    XH showed up with DD in the front seat. I immediately told him if I found out he did it again, I'll be reporting his a$$ to the cops.  DD was impossible on the way home trying to get her to stay in her car seat.  Tantrums for an hour an a half the whole way home and every time I pulled over to put her back in because after sitting up front with Daddy, she thought she could do it in my car. No flipping way.  She hasn't tried to get out of her car seat since. She knows I won't mess around.

    "he offered her the world. she said she had her own" - poet Monique Duval
  • OMG just read that in FL between 4 and 5 you can use just a seat belt! So that means car seat or booster only required until 3y364days!

    You have got to be kidding me?! There's no way I'd let DS sit with just a seat belt at 4YO, especially since he is very small for his age.

    OP - I agree with everyone else. I'd make sure I was there when gf came to pick LO up, documenting her not having a proper car seat. Also, at your daycare can just anyone pick the kids up?! DS's daycare has a list of people allowed to pick him up, not the other way around.


     

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  • I would do as other said and first have the daycare provider check to make sure your LO is in the proper carseat.  If the gf does not have the proper carseat, are you availible to pick your LO up?

    This past weekend we had my SD (she is 7) and my H put her in the car without a booster seat.  I questioned him and he didn't seem to think it was a big deal, then SD says that she never uses a booster and her BM lets her ride in the front seat too. 

     

  • I spoke to the daycare about a family who had an infant in the front seat with the mom. Family had an excuse that daycare bought (whatever) but DSs daycare said they have to get CPS involved if its confirmed that kids aren't properly strapped in with the appropriate car seat etc. I'm in Virginia but I would check with your daycare, its probably similar in most states. Also he lawyer. His is an issue I would make a stink about.
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  • So I get why everyone is talking about attorneys and police and children's services but I actually love the first posters suggestion of purchasing the car seat for the girlfriend.

    This may be someone you will need to interact with for the next 14 years...do you want to start on the slippery slope of threats and calling the police because I promise that will come back around.

    I'm sorry you're dealing with this. Kill her with kindness until she proves she can't respond to that
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  • we had a similar situation with BM, she refused to put the kids in car seats.  we bought her one, she still didn't use it.  it sucked but we ended up punishing the children everytime we heard they didn't wear a seat belt.  we typically don't enforce our rules when they are on visitation with their mother, but seat belt/car seat use is one of those things we don't mess around with.  now years later they tell us they all wear their seat belt and mommy is usually the only one in the car without one.
  • What state?
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
  • I may be in unpopular opinion but I say document it. Ask daycare to please check your child is properly restrained every day when he leaves (including your car).

    Buy a carseat. Document the purchase and giving it to XH, i.e via e-mail, in a polite non-chalant way. If you don't want to spend 'that much' for a carseat to 'give away' then buy yourself a new one and give your old one to XH.

    I'm of the opinion that while yes, it's his responsibility to provide for his child, if you know the child is lacking the proper necessities and do nothing to provide them, you're just as wrong. You aren't hurting EXH you're hurting DS.

    I agree w PP, calling the cops, etc will quickly turn into a tit for tat between you and XH.
  • I'm of the opinion that while yes, it's his responsibility to provide for his child, if you know the child is lacking the proper necessities and do nothing to provide them, you're just as wrong. You aren't hurting EXH you're hurting DS. I agree w PP, calling the cops, etc will quickly turn into a tit for tat between you and XH.
    I don't understand this thinking. So XH is going to be "allowed" to be selfish and irresponsible? By OP buying a carseat for him, while knowing all the while that there is no reason that he can't buy one himself, that is essentially condoning his behaviour. Holding his hand and fixing his problems for him, in a way. While I don't believe calling the police/CPS/etc every time something little happens is a good idea, I think the child's safety is a damn good reason. People need to beheld accountable for their actions, or inactions, or they will never change.
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  • So I get why everyone is talking about attorneys and police and children's services but I actually love the first posters suggestion of purchasing the car seat for the girlfriend. This may be someone you will need to interact with for the next 14 years...do you want to start on the slippery slope of threats and calling the police because I promise that will come back around. I'm sorry you're dealing with this. Kill her with kindness until she proves she can't respond to that
    So which laws do you think are NOT okay to break then?  What if the GF decides that its ok to let the teenager smoke cigarettes or drink beer in the house (you know, they're gonna do it anyway, so why not do it in the home to monitor it?).  

    The point is, you do not reward law breaking paying off the lawbreaker.  Nor do you allow someone to put your child's life at risk without ANY repercussions.  
    file:///Users/Ilumine/Desktop/Family%20Portrait%20for%20gift.jpg
  • Ilumine said:
    So I get why everyone is talking about attorneys and police and children's services but I actually love the first posters suggestion of purchasing the car seat for the girlfriend. This may be someone you will need to interact with for the next 14 years...do you want to start on the slippery slope of threats and calling the police because I promise that will come back around. I'm sorry you're dealing with this. Kill her with kindness until she proves she can't respond to that
    So which laws do you think are NOT okay to break then?  What if the GF decides that its ok to let the teenager smoke cigarettes or drink beer in the house (you know, they're gonna do it anyway, so why not do it in the home to monitor it?).  

    The point is, you do not reward law breaking paying off the lawbreaker.  Nor do you allow someone to put your child's life at risk without ANY repercussions.  
    If buying a carseat for the gf's car will resolve the issue, then I see no harm in it.  I wouldn't consider it a reward, that is a stretch.

     

  • bebe11 said:
    Ilumine said:
    So I get why everyone is talking about attorneys and police and children's services but I actually love the first posters suggestion of purchasing the car seat for the girlfriend. This may be someone you will need to interact with for the next 14 years...do you want to start on the slippery slope of threats and calling the police because I promise that will come back around. I'm sorry you're dealing with this. Kill her with kindness until she proves she can't respond to that
    So which laws do you think are NOT okay to break then?  What if the GF decides that its ok to let the teenager smoke cigarettes or drink beer in the house (you know, they're gonna do it anyway, so why not do it in the home to monitor it?).  

    The point is, you do not reward law breaking paying off the lawbreaker.  Nor do you allow someone to put your child's life at risk without ANY repercussions.  
    If buying a carseat for the gf's car will resolve the issue, then I see no harm in it.  I wouldn't consider it a reward, that is a stretch.

    But again, if the GF can break THIS law, what is to stop her from breaking other laws, especially if you just gave her a tacit "get out of jail free" card by BUYING HER something that legally she should have had in the first place!  

    We talk about giving an inch all of the time here.  But because its ONLY $40 we should turn a blind eye to the fact that GF and BF are not only breaking the LAW, but putting the child's life in danger.  

    Seriously?
    file:///Users/Ilumine/Desktop/Family%20Portrait%20for%20gift.jpg
  • and just for reference?  I am far from a booster/5point harness nazi.  But I do have a problem with enabling crappy behavior.  
    file:///Users/Ilumine/Desktop/Family%20Portrait%20for%20gift.jpg
  • Ilumine said:
    bebe11 said:
    Ilumine said:
    So I get why everyone is talking about attorneys and police and children's services but I actually love the first posters suggestion of purchasing the car seat for the girlfriend. This may be someone you will need to interact with for the next 14 years...do you want to start on the slippery slope of threats and calling the police because I promise that will come back around. I'm sorry you're dealing with this. Kill her with kindness until she proves she can't respond to that
    So which laws do you think are NOT okay to break then?  What if the GF decides that its ok to let the teenager smoke cigarettes or drink beer in the house (you know, they're gonna do it anyway, so why not do it in the home to monitor it?).  

    The point is, you do not reward law breaking paying off the lawbreaker.  Nor do you allow someone to put your child's life at risk without ANY repercussions.  
    If buying a carseat for the gf's car will resolve the issue, then I see no harm in it.  I wouldn't consider it a reward, that is a stretch.

    But again, if the GF can break THIS law, what is to stop her from breaking other laws, especially if you just gave her a tacit "get out of jail free" card by BUYING HER something that legally she should have had in the first place!  

    We talk about giving an inch all of the time here.  But because its ONLY $40 we should turn a blind eye to the fact that GF and BF are not only breaking the LAW, but putting the child's life in danger.  

    Seriously?
     Ilumine, my only question to the OP is if this is breaking the law because in many states the law would not require 5-pt harnass.  If it is not illegal then she needs a different solution but if it is illegal she needs to get the police and lawyers involved.
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
  • I think we definitely need to know the state because in mine it's not a law, only a recommendation. So, calling the cops will not actually do anything. If it's not a law, nothing legal can be done, therefore I absolutely believe OP could buy a carseat. I would. I don't believe it's condoning the behavior, or providing a reward.

    I probably can't explain my thinking as well as I'd like, but I would rather buy something for my DS to ensure his safety than b****ing about how unsafe it is. (Especially in situations like my state where it is NOT a law).

    Instead of complaining that BD doesn't have shoes that fit, clothes that fit, etc. buy some to send. It's not illegal & I get parents want to document the neglect but I don't see where that is beneficial at all to the child to let them go without.
  • Child Passenger Restraint Law <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

    ·         All children under age 8 must ride in a federally approved car seat or booster seat, unless the child is 4'9" or taller.

    ·         Safety seats must be installed and used according to the manufacturer's instructions.

    ·         Infants (under 20 pounds and one year of age) must be in a rear-facing safety seat.

    ·         Law applies to all motor vehicles originally equipped with factory-installed seat belts.

    ·         Law applies to all seating positions.

    ·         Driver is responsible.

    ·         Petty misdemeanor fine for violation is $50 (may be waived if violator shows proof of obtaining a safety seat within 14 days).

    ·         Applies to both residents and non-residents of Minnesota.

    Suspected non-use is a valid basis to stop a motor vehicle
  • Your child is in a booster seat and that meets the law. Buy a car seat or ask them first whichever you think would go over better because there is nothing legally you could do and a judge will not get involved.

    And BTW who here uses a 40 dollar car seat? Mine cost well over 100!
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
  • Your child is in a booster seat and that meets the law. Buy a car seat or ask them first whichever you think would go over better because there is nothing legally you could do and a judge will not get involved.

    And BTW who here uses a 40 dollar car seat? Mine cost well over 100!

    Ditto!

    5 point harness carseats, thick padding, etc are expensive here but at the local Walmart, Target, etc you can buy a high backed booster for 20-30 and a regular carseat that isn't name brand, and may not be as "fancy" can be purchased for 40-50.

  • Child Passenger Restraint Law <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

    ·         All children under age 8 must ride in a federally approved car seat or booster seat, unless the child is 4'9" or taller.

    ·         Safety seats must be installed and used according to the manufacturer's instructions.

    ·         Infants (under 20 pounds and one year of age) must be in a rear-facing safety seat.

    ·         Law applies to all motor vehicles originally equipped with factory-installed seat belts.

    ·         Law applies to all seating positions.

    ·         Driver is responsible.

    ·         Petty misdemeanor fine for violation is $50 (may be waived if violator shows proof of obtaining a safety seat within 14 days).

    ·         Applies to both residents and non-residents of Minnesota.

    Suspected non-use is a valid basis to stop a motor vehicle
    Must be installed and used in accordance to manufacturers instructions.... Most boosters start at 40 lbs, no?


  • Child Passenger Restraint Law 

    ·         All children under age 8 must ride in a federally approved car seat or booster seat, unless the child is 4'9" or taller.

    ·         Safety seats must be installed and used according to the manufacturer's instructions.

    ·         Infants (under 20 pounds and one year of age) must be in a rear-facing safety seat.

    ·         Law applies to all motor vehicles originally equipped with factory-installed seat belts.

    ·         Law applies to all seating positions.

    ·         Driver is responsible.

    ·         Petty misdemeanor fine for violation is $50 (may be waived if violator shows proof of obtaining a safety seat within 14 days).

    ·         Applies to both residents and non-residents of Minnesota.

    Suspected non-use is a valid basis to stop a motor vehicle
    Must be installed and used in accordance to manufacturers instructions.... Most boosters start at 40 lbs, no?
    Sorry, total lurker here, but my Graco booster says 30-100 lbs. Based on that and the law that OP posted here, the GF might not be breaking the law.
    Warning No formatter is installed for the format bbhtml
  • Yup, most are 30lbs. Most convertable used to be 40lbs maximum weight. So unless the kid is under 30lbs it is not illegal.
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
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