Ask Me Help Desk - Parent(s) leaving kids home alone.

Quote:

Originally Posted by this8384

I'm starting to wonder if this question isn't monetary-driven:
https://www.askmehelpdesk.com/family...ld-405094.html

He doesn't think he should have to pay child support if he isn't divorced yet. I wonder if he's looking for grounds to get the children just so that he doesn't have to pay support, period.

You beat me to it! Saw this thread and was going to post and saw you here.

This should be combined with the other thread, of course.

I DO notice the child called and the mother was not there - no allegation no babysitter. Another guy who had children (how many depends on which post you believe) and now she's crazy and irresponsible and a danger.

Have to wonder about his motives.

Quote:

Originally Posted by JudyKayTee

Sorry, but you are not legally correct. The obligation to support varies from State to State and depends on circumstances. This has been asked and answered before. To quote GV 70 (https://www.askmehelpdesk.com/family...#post2000308):

"... The court may hold that because he acted like a parent and permitted the child to rely upon him -- even though he was legally a "stranger" to the child.- he adopted the biological or "real" parent's duty.
According to s.c.”Estoppel theory” if he promised to support the child in question and interferred in child’s and father’s relationship, he will be obligated to continue his support after divorce.
The doctrine may apply when each of three elements exists: (1) an actual or implied representation which induces conduct or forbearance of another; (2) an act or omission by another, in reliance on that representation; and, (3) resulting detriment to the relying party.

The triggering representation occurs when a stepparen voluntarily promises to provide economically for a child to whom that person owes no legal duty of support; and/or he does so, in fact.
The relying party's conduct, or failure to act, consists of either releasing the other legal parent from his support obligation, or of failing to pursue a non-paying obligor; either at the request of the volunteer payor, or because the need to do so is eliminated by the voluntary support.

ALI principles divсde parents as legal parents and parents by estoppel. It is possible support obligations to be imposed under this estoppel theory:
1 whether the person and the child act toward each other as parent and child and, if so, the duration and strength of that behavior;
2 whether the parental undertaking of the person supplanted the child's opportunity to develop a relationship with an absent parent and to look to that parent for support;
3 whether the child otherwise has two parents who owe the child a duty of support and are able and available to provide support; and
4 any other facts that may relate to the equity of imposing a parental support duty on the person."

This is a good and reputable site. National Stepfamily Resource Center

If you have research to the contrary, please post it.

To add to my previous post:
It may depend on :
Whether he provides financially for the child
Whether he discipline the child as a parent would
Whether he hold himself out to the child and to the public that he is responsible as a parent to that child
Whether the child still has a relationship with his/her absent biological parent
Whether he and his spouse have had their own child, creating a blended step family
Whether his step-child participates in his family the same way as his biological child does
Whether the step-child uses his last name
Whether he has ever considered adopting the child
Whether the step-child calls him Dad
Whether he has a good or a poor relationship with his step-child, and how long it lasted
Whether he ever took any steps to exclude the biological parent from the child's life and showed him intended to replace that parent
How old the child is, and if he/she ever knew her absent biological parent
Does he have custody and/or visitation rights?

Honestly,this doctrine is not wide recognized in Florida.

Basically this is not abuse or abondment, if the police are called when they are alone, they may do a drive by for a safety check but that is about it.

You can call the DCFS ( children's service by what ever they are called in your state) and report it, and they may ( or may not) investigate it. If they do and believe that the children were in danger, they may do many things, most likely have mother do a parenting class. But may do more.

I have no problem paying child support people.
Like I said there's more to the story but I don't want
To just spill my life out online. I pay child support willingly
And since some have the wrong conclusion about the
"Poster" , I will put this out there. The child I'm on child
For was living with me until This past January, he went to stay
With his mother after numerous arguments about my job hours
And school hours, and whatever else she could dig up. Long
Story short, I tried to keep the peace and let him go with his mother for
A while. I got child support papers in the mail just about 28 days
Later! (Trust Issue?? ) The best answer she could give me after more argueing was
"I knew you wouldn't give me the money I need when I need it".
I could be wrong just seems premeditated. And can speak for anyone
Else, but I don't have money laying around like that. I don't mind
Doing for my kids at all, but if you need something from
Me, don't come to me the day of or the night before and say "Hey! I need X
amount of dollars for sports, books, talent contest, etc. Also to clear up some
other issues, my wife walk out, not me. I stayed
in the home we shared. One her views on marriage is that
when you have an arguement or you need time to sort things out, someone
should leave the home and stay with a family member or close friend. Sorry I wasn't
raised that way, and I'm not raising my kids that way. And the issue about my kids at
home by themselves, maybe I'm to old fashioned, but my parents didn't leave us home
to go hang out. Especially after late at night. If any of you have kids, put yourself in my
shoes. Your at work, 10 o'clock at night, 6 year old calls you
and lets you know that mommy's not home and we don't know where she is because all she
tells us is...."I'm going out and I'll be back later. And not only is mom not
Home but, this isn't the first or second time mommy has left two of your kids
That are under the age of 13 home alone until after midnight. And then your spouse
Tells you that she not that far from home and the kids can call her if there's a problem. I'm sorry!! I can't tell my young kids "I'm going out for awhile. Call me if there's a problem".

So much is a matter of maturity for the kids, my ex wife and I have been discussing what age our son can stay by his self, he is now 8, we both felt he could now ( would be able to) but that we see no need for it but could for short periods,

So often it is really a family choice based on monetary needs, ( afford a sitter ?) there are milliions of what is called latch key kids all over the US that go home to empty homes every day after school

Quote:

Originally Posted by giuseppeverdi

I have no problem paying child support people.
Like I said there's more to the story but I don't want
to just spill my life out online. I pay child support willingly
and since some have the wrong conclusion about the
"Poster" , I will put this out there. The child I'm on child
for was living with me until This past January, he went to stay
with his mother after numerous arguements about my job hours
and school hours, and whatever else she could dig up. Long
story short, I tried to keep the peace and let him go with his mother for
a while. I got child support papers in the mail just about 28 days
later! (Trust Issue???) The best answer she could give me after more argueing was
"I knew you wouldn't give me the money I need when I need it".
I could be wrong just seems premeditated. And can speak for anyone
else, but I don't have money laying around like that. I don't mind
doing for my kids at all, but if you need something from
me, don't come to me the day of or the night before and say "Hey! I need X
amount of dollars for sports, books, talent contest, etc. Also to clear up some
other issues, my wife walk out, not me. I stayed
in the home we shared. One her views on marriage is that
when you have an arguement or you need time to sort things out, someone
should leave the home and stay with a family member or close friend. Sorry I wasn't
raised that way, and I'm not raising my kids that way. And the issue about my kids at
home by themselves, maybe I'm to old fashioned, but my parents didn't leave us home
to go hang out. Especially after late at night. If any of you have kids, put yourself in my
shoes. Your at work, 10 o'clock at night, 6 year old calls you
and lets you know that mommy's not home and we don't know where she is because all she
tells us is...."I'm going out and I'll be back later. And not only is mom not
home but, this isn't the first or second time mommy has left two of your kids
that are under the age of 13 home alone until after midnight. And then your spouse
tells you that she not that far from home and the kids can call her if there's a problem. I'm sorry!!! I can't tell my young kids "I'm going out for awhile. Call me if there's a problem".

You say your child was living with you but you allowed him/her to go live with their mother after you had repeated arguments about your work schedule. You then say that you're at work at 10pm. You then asked a question about your wife leaving the children unattended... who was with your child while you were at work when you still had primary placement?

Where is your stepchild when the mother is gone? Are they babysitting the two minor children?

I work nights and my parents did the sitting for me.

I don't understand - the child lived with you BUT you allowed the unfit mother to take the child in January because you didn't want to argue with her?

Did she become unfit after she left and obtained physical custody?

Again - I don't understand your "outside the Court" arrangements. Why didn't you fight to keep your child with you and/or take the entire custody/support matter to Court?

You live with your parents?

This should be combined with your other thread - once again child support is an issue. https://www.askmehelpdesk.com/family...ml#post2027208

Quote:

Originally Posted by giuseppeverdi

I work nights and my parents did the sitting for me.

That answers one question but not the other that I asked. Where is your stepchild? I assume that they are babysitting your two children. At the age of 13, that might be pushing it a bit but isn't necessarily illegal.

Quote:

Originally Posted by this8384

That answers one question but not the other that I asked. Where is your stepchild? I assume that they are babysitting your two children. At the age of 13, that might be pushing it a bit but isn't necessarily illegal.

So you are actually expecting your questions to be answered? :D

Quote:

Originally Posted by JudyKayTee

So you are actually expecting your questions to be answered? :D

A girl can dream... ;)