Legal Question in Family Law in Texas

I found out that my kids mom had him on a motorcycle, despite the fact that he is 4 and it's illegal in Texas for a child under 5 to be on one. Surly this is child endangerment. What action should I take? I am waiting on a court date to decide custody, but I'm worried about his well being now. Thank you


Asked on 9/16/16, 4:31 pm

1 Answer from Attorneys

If true this may represent some evidence of child endangerment in a custody action. I would want to know more about the conditions that led to the child being on the motorcycle and how that might affect evidence presented in the custody proceedings. For example, if the child rode on the motorcycle because the parent needed to get the child medicine and this was the only way to get the child's medicine then it's less critical evidence in the custody proceedings. On the other hand, if the other parent went joy riding with the child on the back then that's much worse evidence for your custody proceeding. Most likely the situation is somewhere in the middle. That's going to require presenting the facts in a way that is most favorable to your position in the custody proceedings. As an aside, you may need to make decisions about reporting what you believe may be criminal activity on the part of the other parent. You must be careful not to use any criminal proceedings to advance a position in a civil matter (such as your custody proceeding) but if you fear your child has been unlawfully endangered then you may need to do that as well.

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Answered on 9/17/16, 9:23 am


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