QUESTION
My ex-wife allowed my underage daughter to have an alcohol party in the ex-wife's home when she was not present. What action can I take against her?
Asked on Jun 17th, 2013 on Criminal Law - New Jersey
More details to this question:
My ex-wife was going away for a weekend and knew that my then 18-year old daughter was having friends over for a party that included alcohol. I know this because my younger daughter witnessed the conversation in which my ex-wife told my daughter to attempt to limit each party guest to only one beer or alcoholic drink. then the ex-wife and other child left the home for the weekend. What action can be taken against my ex-wife?
2 ANSWERS
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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you can bring a private criminal action against your wife [and daughter] for 'endangering the welfare of minors' [if there were minors involved]. you can charge her as a co-conspirator with your daughter for 'serving alcohol to underage persons'. the problem is that your daughter is an adult under the criminal law. she was the 'actor' serving the underage people. you will have to hire an investigator to provide the proofs and an attorney to prosecute. private prosecutions are expensive because they do not include the state. they are difficult to win because the burden is 'proof beyond a reasonable doubt'. ed dimon, esq.
Answered on Jun 17th, 2013 at 5:46 PM
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i don't know what kind of actions you are thinking about. however, your knowledge of what your ex-wife did came as a result of your conversation with your younger daughter. I am not sure that the court would accept your younger daughter as a witness, or that you would want to put your younger daughter in that position. If you are seeking a change in custody, then perhaps the fact that the 18 year old was left unsupervised and allowed to have a party at which alcohol was provided would weigh in your favor. beyond the custody issue, I am no sure what else you could do.
Answered on Jun 17th, 2013 at 3:47 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship