Answers: There are "recommendations" made by car/booster form manufacturers... and later there are "laws" within each state. What, how, and when those law are enforced is another story. You need to find out exactly what the statute is in your state.
If you don't do that, though, here's a bit of crucial info: Even more important than your son's age is his size - loftiness and weight are a better indicator of whether or not a child ought to be surrounded by a particular form than his/her age. I've seen some 4 year olds who probably weigh as much as my 11 year behind the times (according to the height/weight restrictions, my daughter technically could still be in booster seat). So, embezzle your son's size into consideration.
Finally, before you walk off to christen the police or social services, have you spoken to your son's father and aunt roughly your concern? You sound a bit enthusiastic to get them into trouble. I enjoy a question for you: Is this really around your son's safety? Or is this more or less bad blood between you and your son's father? Just a piece of counsel: focus on being an attentive, loving mother. Part of doing that involves parenthood and forethought. This means that if your son's father did something unsafe and you are made aware of it, you tutor him. If he continues to make unsafe choices in connection with your son, then you notify a professional and nick the necessary trial steps. Otherwise, you're just person immature and vindictive and using your son as a tool to try to upset your ex... and beware of that, because your son will be the one who get hurt... and isn't that what you're trying to prevent?
In the end, unless your ex provides a truly unsafe environment (drugs, violence/abuse/neglect), only be glad he's trying to be a part of his son's energy. And before you dance off running half-cocked to the authorities (which will of late make you look resembling an unstable ***) try talking to your son's father. Perhaps it's a short time ago a case of ignorance (not stupidity or purposeful endangerment) and he only needs someone to show him the route.
If your son's only 2 1/2 you're going to have need of a lot more leniency than you're showing right now to bring back you through the next 20 years.
I would DEFINITELY report them to the police.
They enjoy to be in a solid fitting form until about 80 lbs.
DO NOT LET THEM ENDANGER YOUR CHILD.
It depends on where on earth you live. However a child can be in a booster form w/ back at 30 lbs. and should be surrounded by a seat until they are 7 or 8.
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