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Does the Seventh Amendment of the Constitution guarantee a jury trial in child custody cases?
i would say yes but if you read the patriot act it pretty much says "EFF that amendment, theres terrorists out there who don't get a trial so we now dont have to give anyone a trial!" isn't our government geat?! abunch of EFFlords is wut they are.... anyway if you wanna see wut im talkin about look up US Constitution vs pstriot act
What else can I help you with?
Will filing a UCC 1 as a secured party guarantee a win in a child custody battle?
Being a secured creditor will have absolutely no impact on a child custody case.
You have joint custody how do you get primary custody if father is comtempt of court?
Being in contempt of court can help the other party gain custody but does not automatically guarantee it. Many times a mediator or guardian has to be assigned to change custody. Attorneys and judges also get involved in this decision.
Can parents be granted on order through the courts to keep their child in their custody until the child turns 18?
No. As parents you already have custody but a judge can not give you a guarantee that no matter what will you keep that. The best of the child comes first and if you for some reason is found unfit down the road the child would need a new guardian. If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.
The Right against self-incrimination is protected by which amendment to the US Constitution?
The fifth amendment applies to self incrimination in court. What it basically says is that you can not be called as a witness against yourself. You can choose to testify in your own defense but you are essentially waiving your 5th amendment right so it would no longer apply. Saying, "I plead the 5th," in court doesnt work. If you put yourself on the stand you've already waived that right. Miranda "rights" are from Miranda V Arizona and only apply when you are in custody and being interrogated. Miranda isn't covered by the constitution and it comes from case law (why I put "rights" in quotes).
Can a parent have the court order the child to remain in parents custody until 18yr of age?
If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.
What if your custody papers say no cohabitation but your pregnant with boyfriends child?
Pregnancy does not override or otherwise void a court order. If you wish to have the custody order modified, you have the right to file a motion for the same, but there's no guarantee it would be granted.
Is joint custody a new phenomenon?
No, although it was rare in the past. Divorced families in times past sometimes worked out arrangements that were equivalent to modern joint custody (Ricci, 1981). For example, the Maryland Court of Appeals considered a case in 1934 in which the child had approximately equal time with each parent, although the term joint custody had not yet been invented. Joint custody began to increase in the late 1960s and 1970s, as courts found maternal preference laws to violate the 14th Amendment guarantee of equal protection under the law (Roth, 1976). [This answer was excerpted from "Questions and Answers About Joint Custody" by Rick Kuhn.] References: Ricci, I., Mom's House, Dad's House. Macmillan, 1981. Roth, A. The tender years presumption in child custody disputes. Journal of Family Law, Vol. 15, 1976.
What is the only cases that is not entitled to a jury trial?
Cases in equity are not eligible for a jury trial, where someone is suing for either an injunction or some similar as a matter of law and fairness - examples being things such as an injunction against a demolition, injunction against selling a disputed house to someone else, child custody cases, and so on. Also, cases where the dispute solely revolves questions of law rather than fact are not eligible for a jury trial.In addition to cases in equity, cases in common law where the amount in controversy is $20 or less are not entitled to a jury, as per the Seventh Amendment to the US Constitution.
Going to pharmacy school for 2years can the children be moved in joint custody?
The issue of whether the custodial parent can move the children is very tricky. If you are lucky, it was covered in the custody settlement papers. You need to read the agreement to see if it is there. If not, you need to contact your custody lawyer or family court advisor, and see how you can get an amendment to the agreement papers.
If the mother is an illegal immagrant and can not work in the US can the father who is a USC get 100 percent custody of the child but also allow mother visitation right?
First off, a single mother, regardless of status, has sole custody. The father has no assumed parental right, so he will be starting from scratch. Can he get custody? There's no more guarantee in this than for any single father. see link
What amendment to the US Constitution has direct bearing on an officer's responsibility to advise a suspect of the right to remain silent?
Miranda V. Arizona (1966) a person taken into custody by the police must be warned that (1) he has the right to remain silent (2) anything he says can be used against him in court (3) he has the right to the presence of an attorney and (4) if he cannot afford an attorney, one will be appointed for him if he so desires. The Fifth Amendment (1791) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury Answer: The Fifth Amendment
What is the Marbury v. Arizona amendment?
There is no "Marbury v. Arizona" case; it seems you may be conflating two separate legal concepts. "Marbury v. Madison" is a landmark Supreme Court case from 1803 that established the principle of judicial review in the United States, allowing courts to invalidate laws that conflict with the Constitution. Arizona may refer to a different case, such as "Miranda v. Arizona," which established rights for individuals in police custody. If you meant a specific amendment related to Arizona, please clarify.
