Posted on 05/11/2008 4:18:12 PM PDT by ChildOfThe60s
A Fairfield man is in jail because his daughter hasn't gotten her General Equivalency Diploma (GED).
A judge ordered the father to stay on top of his daughter's education months ago and when that order wasn't followed, Brian Gegner was sentenced to 180-days in the Butler County jail.
The daughter, Brittany Gegner, says her father shouldn't be punished for her problems.
Especially, she says because she's now 18, an adult.
"It's ridiculously wrong," said Brittany Gegner.
"Of all the punishments they could have given him, to make him go to jail?," she asked. "I mean, probation – until I get my GED – would be reasonable, but to send him to jail? That's overboard."
Butler County Juvenile Court Judge David Niehaus ordered Gegner to jail for contributing to the delinquency of a minor by not following a court order which required Gegner to be sure his daughter got her GED.
This comes after ongoing problems of Brittany skipping classes at Fairfield High School and then, Butler Tech.
While Brian Gegner had custody of her, Brittany says it was while she lived with her mother that she was truant.
"I'm about to be 19 and my Dad's being punished for something I did when I was 16," she said.
"It's like I should, if anybody should be punished for this," said Brittany. "I would way rather me go to jail than my Dad."
"They probably should have punished me if they were going to punish anybody," said Brittany's mother Shana Roach. "Because she did live with me at the time, but because he had the custody, that's why he's being punished."
"But I don't understand the punishment all together because she's going to school, she's been going for four months," said Roach. "The only thing that's holding her back is she can't pass her math test."
Brittany has a daughter who's about 18-months-old.
She says she's determined to pass the GED for her daughter – and her father.
The judge says if she passes the test, her father could get out of jail before his six-months sentence is up.
Brittany's step-mother worries the time in jail will ruin their family.
She says he could lose the job he's worked for 15-years.
"I never dreamed they would put him in jail for this – for six months – it's crazy," said Stephanie Gegner, Brittany's step-mother.
"He has no control over what his adult daughter does," she said. "He just doesn't."
Court administrators say that even though Brittany is an adult now, the case remains active in their court because she was a juvenile when the problems started.
They say this type of punishment is rare and reserved for extreme cases when court orders aren't met.
She says he could lose the job he's worked for 15-years.
Basically this judge has sentenced this man and his family to poverty.
If he has a mortgage he will likely lose his house as well as his job.
Stupid moonbat judge - any parent can tell you that kids really do whatever the hell they feel like way before the age of 10. This ruling will be overturned on appeal, but it still seems so.........big government.
Took me 23 seconds to discern that. (Of course, I knew “Cincy” was Cincinnati so I terminated the search there.)
Sounds fair.
Outrageous. It’s like what a communist regime would do.
“So a judge thinks that somehow a man can force a 16 YO to study and pass a test. “
I wonder what would happen to the Judge, if this guy beat the cr@p out of his daughter ?
Sounds reasonable. /sarc-not
I wonder what would happen if parents were told that they will support minor grandchildren with no state help or after 2 chances be put in jail for neglecting to supervise their kids. I'm a grown up project kid but I can hear it from my momma now.." You aren't going nowhere with him alone. I ain't raising your kids...or..you get yourself in the car. I'm taking you to that school myself. I ain't going to jail caz you want to skip school". JAT
You just can’t order someone to compel the behavior of another, especially when it’s a performance measure, at the risk of being jailed.
A parent can be held civilly liable for the actions of a minor in their custody, but that involves monetary damages. If your kid breaks out the windows of every car on the block, you’re in trouble. If you told him to do it, then you can go to jail.
But this is far different. It’s not legally distinguishable from an order by the court that you make sure your kid qualifies for the Indy 500 or you go to jail.
It’s not something within your control.
You’re preaching to the choir my friend.
Kudos to your mom CD. Fortunately for her, you respected her wishes and demands.
Not all parents are so blessed.
The daughter’s the problem. If she doesn’t pass, she gets no GED - it’s that simple. Why it’s somehow this guy’s fault is beyond me.
This case hardly seems extreme. A juvie judge sentences the non-custodial parent (in real life, not on paper)? Sucks to be a dad all the way around. I know judges get broad discretion when it comes to contempt charges but this one seems to scream for judicial review.
... or we only have a fraction of the real story.
This is really dumb.
There are dropouts all over the place, nobody should be in jail.
Please don’t think I was trying to correct you. You were the latest reply on the thread when I started to compose mine, so I used it as a handy Reply To.
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