Parental Rights & Obligations Article


Arizona's Booster Seat Laws

Car and Booster Seat Laws

Arizona law requires all children under the age of five must be seated in a legally recognized child restraint system. A child restraint system is a general term for devices used in a vehicle to protect infants and children from being injured in an accident and includes items such as car seats, infant safety seats and booster seats. On August 2, 2012 Arizona expanded the law to include children up to eight years old who are shorter than four feet nine inches.

What is a legally recognized child restraint system?


The law defines a child restraint system, commonly referred to as a car or booster seat, as a device designed to be used in a motor vehicle or a plane to seat a child who weighs less than 66 pounds. This device is not merely a seat belt. This system may be an add-on, built-in, factory installed, rear facing, child restraint system or a booster seat.

Is there an age requirement?


Yes, children under five must be in a child restraint system. Children between five and eight must be in a child restraint system until they are taller than four feet nine inches.

My child is seven years old but is five feet tall, does he need a booster seat?

No. If a child is over five years old and is above the height requirement then the child does not need to be in a booster seat.

My child is 8 years old, but only four foot eight does he need a booster seat?


No. Only children under eight years old are required under the law to be in a child restraint system.

What happens if I am pulled over and do not have a child restraint system?

If an officer believes you have broken the law he will ask the driver the age and height of the child to determine if the law has been broken.

What happens if I break the law?

A person who breaks the law may be fined $50.

Are there any exceptions to receiving a fine?


A person may not have to pay the $50 fine if they prove, by a receipt sent to the court, that the car is later equipped with a child restraint system.

I need help installing my car seat is there any place I can go?

Many police and fire stations will inspect and show you how to properly install your car seat. For more information contact your local station or call the Child Safety Seat Hotline at 602-543-8687.

Are there any loaner or rental programs for car or booster seats?


Yes, there are several organizations and agencies where a person can rent a car or booster seat for little or no cost. Hospitals are even required by law to give out this information to new parents. If you are in need of a rental program contact your local hospital, or the Children are Priceless Passengers (C.A.P.P.) safety program for information.

Does this law apply to all vehicles?


No, certain vehicles are exempt from this law. A list of those vehicles can be found under A.R.S. 28-907(H) and under A.R.S. 28-907(B).

Where can I find the law?


The Arizona law or Arizona Revised Statues can be found on the Arizona State Legislature's page, www.azleg.gov . The child restraint system law is Arizona Revised Statute 28-907.

Comments:

QUESTIONS

  • Our 16 year old son became aggressive after a shopping outing and began beating up my wife taking her to the ground. We are wondering what legal options we have since the answer we are getting from all agencies is that we just have to deal with it and work it out ourselves. We are looking for help of any kind including juvenile detention or detainment in a health facility. I am afraid to leave the house if our son is there and afraid of what he might do in the middle of the night since he has uttered death threats.
  • Where can the parenting Education classes be taken..
  • I am a stepparent. My husband's ex indicated that I can not sign permission slips for the kids to attend school field trips. I checked with the district and they said I could as long as my husband agreed. I always send a copy of the permission slip to his ex (she has never provided the same courtesy to my husband). I want to do what is right and legal. May I continue to sign permissions slips and pay for field trips or must my husband sign these slips?
  • My children are 15 and 9. I would like to take us on a trip to Europe. When looking at the passport papers it says I need the "other" parent to sign off on Form DS-3053, consent for a minor child to get a passport. My children's father hasn't had ANY contact with them in the past 9+ years. Is there a way around this? Can I file something with Arizona court? Doesn't the length of time count as abandonment by him? Thank you.
  • My hhusband has a child from befor we where married. He was never married to this woman, we are looking into how to get custody or joint custody of his son. Do we need to do a legal paternity test if he is already on the birth certificate and he doesn't question that he's the father?
  • I am divorced and my ex left AZ after. My children are with me but he still has partial custody. He has not contacted or seen the children in 3+yrs. No card, call or anything. My current husband would like to legally become their father. I have no idea where my ex is or how to even contact him. I have an agency searching for him for non payment of child support and they cannot even find him! Could you tell me how to dissolve his rights as father so that my current husband can make them his kids since that is who they call dad. I also want his rights taken away because if anything were to happen to me I don't want him to be able to come in and take them because they wouldn't know him or feel safe with him because of past events.
  • My son is 17 and in high school with twins on the way. What is his finacial obligation while in school? Can the mother come after my husband and I for child support? The mother is of legal age and out of school, so do the courts take that into consideration?
  • I live with my parents but want to move to another town to re establish my career. they have helped me raise my daughter and now are telling me i cannot take her with me. i have custody of her and their defense is that they have invested alot of time in her. i have the right to just move with her do i not?
  • My wife has been in prison for the past 10 months, and was just released last month. I have been raising our 16 month old daughter on my own since Nov. 2013. I need to leave my wife, but refuse to leave my baby with someone she views as a stranger. Can I take her and leave without going to jail while I start filing for divorce?
  • i gave birth when i was 16 and the biological father was 20. he signed the birth certificate and left. the child is now 3 years old and he has never had any contact with him or paid child support. im trying to get him to sign away his rights can he do that and what papers would i need to do that? if i cannot would he be able to sign his rights over to my bf who has been taking care of him since birth. if that is what i have to do what papers would i need for that? also my bf is only 18 is he old enough to take guardianship of my son?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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    866-553-0893
  • Certified Legal Document Preparer Program
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