A Georgia mother has been arrested after her 10-year-old son took a walk by himself to a store about a mile from their home in rural Georgia. She plans to contest the charges, which have sparked confusion and criticism among experts and advocates for parental rights.

Body camera footage from the Fannin County Sheriff’s Office shows Brittany Patterson, who was 41 at the time, confronted and arrested at her home on October 30, following a report from a bystander who saw her son alone in public.

The deputies returned the boy home safely, but several hours later, they came back to arrest Patterson.

“Last time I checked, it wasn’t against the law for a kid to walk to the store,” she stated in the footage.

Deputy Kaylee Robertson responded, “It is when they’re 10 years old.” According to Patterson’s arrest warrant and Robertson’s report, the charge stemmed from Patterson’s failure to know where her son was and not reporting him as missing before leaving home.

This case is notably rare as it involves law enforcement in Georgia pursuing criminal charges when no harm came to the child and many reasonable parents might have acted the same way, according to Emma Hetherington, a law professor at the University of Georgia and the director of the school’s Wilbanks Child Endangerment and Sexual Exploitation Clinic.

Brittany Patterson’s Account Before Her Arrest

Patterson had to take one of her older children to a medical appointment that day. When she called for her 10-year-old son, Soren, to join them, he didn’t respond. She searched the house briefly, assumed he didn’t want to go, and left.

Patterson resides on a 16-acre property in Mineral Bluff, Georgia, a rural area where she noted that it’s common for families to allow their children and pets to explore freely or play outdoors.

Soren is homeschooled, and Patterson, the mother of four, mentioned that her children can choose whether to accompany her or stay at home, where their grandfather lives. She thought nothing of leaving without Soren that day.

Later, she received a call from the Fannin County Sheriff’s Office informing her that deputies had found Soren walking alone to a Dollar General store about a mile away. A bystander had reported him, prompting law enforcement to bring him back home. Patterson assumed that was the end of the incident.

“I talked to Soren and said, ‘Buddy, if you want to go to the store, that’s fine, just let me know when you want to. You gotta let me know where you’re at,’” Patterson recounted.

A few hours later, deputies returned, this time with handcuffs for Patterson. Body camera footage showed Deputy Robertson informing Patterson of her arrest for “reckless endangerment.” However, “reckless endangerment” is not a formal charge in Georgia, and the arrest record identifies the charge as reckless conduct.

Both Patterson and her lawyer, David DeLugas, who is also the executive director of Parents USA, assert that she did nothing wrong and that her son was safe that day.

Understanding Georgia Law and the Basis for the Arrest

In Georgia, there is no specific law dictating the minimum age a child must be to go out on their own or to be left home alone. However, its child welfare agency provides guidelines stating that children aged 9 and older may be left alone for a few hours, and those aged 13 or older can supervise younger siblings, unless they are deemed immature.

Documents from the Sheriff’s Office assert that Patterson did not know her son’s whereabouts and did not report him as missing before leaving home. Patterson believes there is a distinction between not knowing his exact location and him being missing.

“If I thought for one second that he was actually missing or in danger, or had run away or been abducted, of course I would call the authorities,” she said.

Patterson stated she spent around an hour and a half in jail on that day, where she was fingerprinted, had a mugshot taken, and changed into a jail uniform.

After her release, the Georgia Division of Family and Children Services presented her with a “Safety Plan,” which included guidance to download GPS tracking for Soren’s cellphone and designate a “safety person” for the children in her absence. Patterson refused to sign this plan.

DeLugas contended that Patterson should not have to agree to a plan that wouldn’t enhance safety. He seeks the withdrawal of the charges against Patterson, labeling the situation as a ridiculous overreach by authorities.

Both the Fannin County Sheriff’s Office and the DCFS declined to comment on the specific details of the case, and the local district attorney’s office did not respond to requests for comment.

Leaving Kids Unattended Can Bring Legal Issues for Parents

In 2016, a mother faced charges of child endangerment when she left her 8- and 9-year-old children by themselves briefly while she went to get food during a trip in Delaware, as reported by the News Journal, part of the YSL News Network. The children took the dogs outside and chased after them, leading to someone intervening and contacting the police. Eventually, the court dismissed the charges.

Another instance from Maryland ignited nationwide discussions when a couple was examined by authorities for allowing their 10- and 6-year-old kids to walk home unsupervised from school, and later for letting them play at a park alone.

However, these situations are not common, and parents typically have some flexibility to grant their children freedom, as long as it’s appropriate for their age, according to Hetherington.

Hetherington pointed out that parents possess the constitutional right to choose how to raise their children, and officials can only step in if a child’s safety or wellbeing is at stake. Determining whether a situation meets this threshold relies on various individual circumstances, and sometimes even on the perspectives of specific law enforcement personnel, she explained.

“What one person might view as unsafe parenting, someone in a different neighborhood, culture, or community might consider completely acceptable,” Hetherington remarked.

She added that most parents who allow their children a level of independence—such as staying home alone when they are old enough or playing in the neighborhood—are unlikely to face criminal charges. It’s also important to note that individuals from minority communities may be at a higher risk of facing such actions or unwanted involvement from social services.

“I wouldn’t want parents to overly stress about this,” she emphasized. “Parents really do know what’s best for their kids.”