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

  • My ex-wife has primary custody of my two children and is living in the same household with another man. As the father of my children do I have any rights to know who this individual his (i.e. surname)?
  • I have a 4 yr old child.The father and were never married. Fathers name is on the birth certificate. He has never paid child support. The father does keep the child for the week end for the last 2 yrs. I want to move to another state. Will there be a legal issue?
  • My ex wife and I have been divorced for 18 months and it involved two kids. Our divorce decree and final agreement is filed in Rogers County Oklahoma. I now live in Arizona and have since the separation in May of 05. This summer my son came to visit and he has been asking his mom if he could live here and she gave me written and verbal permission that he could and now he has been here for 3 months with the agreement that we would modify the final agreement and child support. He is enrolled in school and school activities and after school activities and is doing very well. She is now wanting him to come back to Oklahoma and I want to file documents to keep her from doing this........can I do it here in Arizona or does he have to be here for a certain amount of time? Where can I go to get more info on the net?
  • My ex-husband has made the choice to move 1 hour away from his daugther. We have joint custody however he is telling me I have to meet him halfway for drop off and pickup on his weekends. Is this correct?
  • My son's father and I were never married and we broke up before he turned 1. I have sole custody and he has visitation time which his parents use as he has zero interest in being a part of my son's life. My son is now 12. I have been married for over 6 years and my husband and son both want for him to adopt him. My son views my husband as his (only) dad. My ex is an alcoholic who recently picked up his 3rd DV charge against his current gf. If my ex is willing to terminate his parental rights so my husband can adopt my son, how do we cancel out our current agreement and terminate his rights?
  • If a father's rights are severed can you still get child support from then
  • My girlfriend is pregnant and our baby will be born in 8 weeks. She broke up with me and moved in with her mother who has legal guardian ship of my girlfriends previous 7 year old child. My girlfriends mom knows her daughter smokes pot all during pregnancy and smokes her pot cap pen with her and i think my girlfriends mom may try and get custody of our baby by getting CPS involved during the birth at the hospital. I’m the unwed biological father of my girlfriends baby and I think it is in the best interest of the child to be in my custody so what should i expect and do?
  • I read a similar but not exact question, so I'd still like to ask one. My son's biological father & I went through a custody case in 2013. He was granted extremely limited parenting time, but (for some reason) joint legal decision making. It's now been almost 2 years and we haven't seen from or heard from him. I'd like to sever his parental rights, and my current partner is considering adopting my son. The question I read earlier cited ARS numbers, but that doesn't help. I have a doc: "Petition for Termination of Parent-Child Relationship". Is that correct? What if they can't find him?
  • My daughter is not married and has a 5 month old baby. The father is already listed on the birth certificate and now wants to "sign away" any parental rights. Is it possible to just sign away all rights? Will he still have to provide child support if he signs away all the rights?
  • If two parents of a minor that have joint custody of said minor do not agree to a medical procedure to help said minor which patent has final say in minors treatment?

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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
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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