Legal Question in Family Law in California

My daughter in law and son are separated. She has a suspended license for DUI. He has been told that because he is aware that she drives with their son in the car without a license he can be held legally responsible. That it is child endangerment. Is this true?


Asked on 12/21/12, 10:33 am

2 Answers from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

Unfortunately the answer is yes. It is considered child endangerment to knowingly allow a person who is unlicensed to transport a minor child. Your son should take steps to arrrange for transportation of his child with a licensed driver.

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Answered on 12/21/12, 5:33 pm

The only think I disagree with in the previous answer is "unfortunately." There are very important child protection policy reasons for it, especially when the suspension is for DUI rather than some administrative suspension. If the mother is ignoring the law and driving with a suspended license there are pretty clear indications that she is not learning her lesson about drinking and driving. We are talking about your grandchildren's lives here.

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Answered on 12/23/12, 10:02 am


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