Legal Question in Family Law in California

Child alone

Does my ex-wife have any legal rights regarding a decision to allow my 8 year old daugther to be briefly left alone at my house if I go to the store during the day?


Asked on 9/29/03, 12:54 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Child alone

Yes and no. You both have equal parental rights, if both parents and married, so you have an absolutely equal right to make decisions. But if something ever happens to her, god forbid, you could be considered to be guilty of child abuse. California's definition of that is quite broad, and reaches any decision that knowingly puts a child in danger. Much would depend on the maturity of the child, the safeness of the neighborhood, etc. But, I personally tend to agree with the mother on this one, and I don't think it's really a legal question. Her view is more prudent, and you should humor her and either take the child with you, or go to the store when the mother is home. 8 is still very young, and there are too many child abduction horror stories.

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Answered on 10/03/03, 6:27 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Child alone

I do not believe you would be supported if she pursues an OSC with the court. I do not believe an eight year old would be shown to be old enough to be without supervision.

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Answered on 10/06/03, 11:42 am


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