Asked 2/20/2016 – Plano, TX

My Ex-husband allows our son to urinate in public. Instead of finding a restroom he’ll allow our son to go in a public parking lot or sidewalk.

Answer

Exposing one’s genitals in a public place can be considered disorderly conduct (see Texas Penal Code Section 42.01 (10)). Depending on your son’s age, however, he may be too young to have the mental state required to prosecute him in a criminal case. Your ex is is allowing this so he can get under your skin, and appears to be working. Even though you are divorced, the two of you have to spend the next few years together due to your son, so try to control only what you can control. Tell your son that, even though Daddy lets him do this, he could get in trouble for this when gets older. Then ask him if he wants to start acting like a big boy? After that, let it go. Don’t allow it on your watch and if you don’t make it an issue with your ex, this problem will probably die out on its own.