Child Care

[CMG19995]

I would like to know more about the laws regarding leaving children under the age of 12 home alone. I need a copy of the actual law and can't seem to find it. Can anyone help by telling where I should look?
Much Appreciated

 

[Michael Wechsler]

Your question is a bit too vague. You need to know what you are looking for and what state. Are you looking for the child's rights to be emancipated? The adult's responsibility for a child that leaves home?

 

[CMG19995]

Sorry, the state is NJ, and the details of the situation are this... I have an 8 yr son that I believe is not ready to care for himself. Because of a job situation, I am being forced to travel extensively. I need to gather documention that will prevent my absense frequently and/or for extensive amounts of time. I was hoping to get a copy of that law as part of my documentation.
Thanks

 

[Michael Wechsler]

I'm even more at a loss and am not sure what law you are looking for. If you need to travel extensively, that will not affect your obligatins to your child. Your child is your full responsibility until the child is a legal adult. It doesn't matter if your 8 year old child is more mature than Oprah Winfrey. You must make sure that your child is cared for properly as you have legal custody of the child. If you will be absent for significant portions of time and you are worried about the child's other biological parent challenging your custody, then you may have reason for concern but that may be within the discretion of a court if challenged by the other parent and brought there. Abandonment and neglect laws may be relevant. This does not sound like a simple situation that you should consider lightly by finding out general information about the law. There are significant concerns.

 

[CMG19995]

I know, it is terribly confusing and hard to explain. I really can't throw too many explainations onto this board unfortunately and didn't think about some of the things you brought up. Basically, I understand that my son is my responibility (and my husband's) until he is legally an adult. The situation is (hopefully I explain it a little better) if I travel, I need to make arrangements for him to be cared for in my absence, either thru a child care facility or family and friends. I have that covered until 6PM. However, my husband's job is not flexible and he does not usually get home until after 7:30 PM, sometimes as late as 9:30 PM. With the recent requirement to travel for two week periods every six weeks, his care is a concern of mine. I am trying to use documentation to prove that he is the responsibility of my husband and I and not responsibility of family and friends. And without the child care option after 6 PM I cannot travel as often they expect or want me to. If I am expected to do this traveling, I'm afraid I will run into a time that a family member will not be available and my son will be home by himself, my husband at work and me in another state. In essence, I haven't done anything to be irresponsible and it's a situation I am trying to avoid by getting the neccessary documention. If this is still too vague or complicated, I understand. I will continue my search to see if I can find some documentation of some sort and I appreciate your effort.

 

[Michael Wechsler]

It sounds like you might want to consult with an attorney if you are so concerned. I don't think the law meddles into your life so long as you make reasonable arrangements for your child. If your husband ends up being irresponsible then you won't be held responsible. At the same time, the fact that there isn't a parent or other responsible person able to care and watch your child is a responsibility that you will not be able to absolve yourself while you are your child's legal parent and guardain.

In essence, it seems that you want your husband to acknowlege that he has the responsibility of care for your child when you are away. If you really feel that "documentation" is necessary (and if this ever got to court I'd question the need and what is really going on here) then you can always enter into a written agreement with your husband where he agrees that he shall be unequivocally and solely responsible for your child upon certain conditions being met when you give him notice that you are leaving. That still won't be ironclad and one would obviously question the need for this agreement and the issue of your need to "prove" this with your husband. One might question whether it is reasonable to believe that you are being reasonable if you need such documentation and whether that is giving you a reason to smell a dangerous situation...

You may want to speak to an attorney and it will be worth the money for a consultation, especially if it is as important as you make this out to be.

 

[TheBear]

I'm thinking this person wants to make sure that:

1 - they are not charged with a crime if the child is left alone for an hour or two due to work.

2 - they can use the law to force their workplace to possibly limit their forced work travel so that they will not be committing a crime.

3 - to prevent a family member from claiming neglect and trying to take the child.

That is what I get from reading their posts. I could of course be wrong, but that is my take.

Dale

 

[CMG19995]

Thank you, TheBear,
That is exactly the point I'm trying to make. I am trying to avoid committing a crime by leaving my son alone and I need some background on the law before I can present it to my employer in order to prevent extensive out of state travel that is suddenly required.