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What is the legal age that a child can make decisions about where they wish to live in New York State And what rights do GrandParents have?
The full answer is here...
"Emancipation." Encyclopedia of Everyday Law. Ed. Shirelle Phelps. Gale Cengage, 2003. eNotes.com. 2006. 6 Aug, 2009 <http:/www.enotes.com/everyday-law-encyclopedia
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The short answer is 18 (age of majority), or if the child joined the military or got married. Of course, those latter sections would still be restrictive because of age. Suffice to say, age of majority will likely be the final word regardless.
That said, kids as young as 16 can petition the courts for emancipation. However, if they cannot show adequately to the courts that they are able to support themselves and take responsibility for themselves in the manner of an adult, the courts may reject the petition.
As for grand parents rights? This depends on whether the legal parents or guardians of the child are alive or not, whether they relinquished their parental duties if alive, or if the grand parents petitioned the courts, or were named as god parents in the event of the death of the primary caregivers.
In many cases, blood relatives of the child will be given custody in certain circumstances such as death of the primary parents almost automatically. However, there are still legal requirements to be done before a judge. A recent example of this would be Michael Jackson's Mother being given custody of his children by the courts. Family and Social Services would be the interim custodians until the courts decide on what best action should be taken. Consult a lawyer for specifics as every situation has differences.
What else can I help you with?
Do the grandparents have the rights to leave out of state or town without mother permission?
With her child, no.
What are the laws and regulations that govern grandparents' rights in the United States?
In the United States, laws regarding grandparents' rights vary by state. Generally, these laws allow grandparents to seek visitation or custody of their grandchildren under certain circumstances, such as when it is in the best interest of the child. However, the specifics of these laws can differ significantly from state to state. It is important for grandparents to consult with a legal professional to understand their rights and options in their specific situation.
Does a child that has been adopted retain legal right to inherit from biological grandparents?
No. Grandparents don't have rights, only what the parents allow them to. If living in a state where grandparents have the right to petition for visitation, there is also no contact allowed if the child is adopted away. All ties are cut with the previous family.
Can your mother keep your child from you?
no, the parents of the child have more rights to the child than the grandparents.
What are grandparents rights as far as getting custody of a minor child?
Their rights start where the parents' rights begin. If the parents are actively parenting, the child is thriving and nothing illegal is going on, then the grandparents are honor bound to support, not supplant, the parents. If the parents are out of the picture, the grandparents can certainly apply to become guardians of the child.
What are the legal rights of grandparents in states without grandparents rights laws?
In states without specific grandparents rights laws, grandparents may have limited legal rights to visit or have custody of their grandchildren. They may need to demonstrate a significant relationship with the child and show that visitation is in the child's best interest. It is recommended to seek legal advice in such cases.
Can the mother of your child legally sign the child's rights over to the child's grandparents when im not an unfit father?
She can terminate her parental rights, not yours.
What rights does a grandmother with temporary custody have?
That is a state to state issue. Grandparents are being allowed to go into court these days and get rights though. I added a couple links for you to visit for more information. Hope this helps.
Benefits of Family Attorneys?
Parents are not the only ones who might face child custody disputes. Many grandparents also want to ensure their rights to visitation or gaining custody of grandchildren are protected by the courts. Every state grants some rights to grandparents for custody or visitation, although these rights are not granted in the Constitution. State legislatures have passed these laws in recent years, and some could be challenged by federal legislation that supersedes state laws. In 2000, the U.S. Supreme Court ruled that the statute in the state of Washington violated to due process rights that parents have in raising their children. Therefore, it is best to seek advice from a family law attorney if you wish to receive visitation rights. How Child Visitation Rights are Granted to Grandparents by the Courts Each state allows grandparents to seek visitation rights, since the Supreme Court did not rule that the visitation law in Washington was unconstitutional. Grandparents’ rights are considered a privilege that only slightly imposes on the parents’ right to control how their children are raised. In order to weigh the decision to grant visitation rights to grandparents, many states give high esteem to a fit parent’s decision-making concerning a child. Help from a family attorney will provide insight to the laws in your state. What to Do Before Seeking Visitation Rights There are situations where your visitation rights as a grandparent can be resolved without court involvement. A family law attorney can also assist you with this process. Mediation is often a viable option where a neutral third party will help you and your grandchild’s parents come to an amicable, legally binding solution. Factors That Determine Visitation or Custody Rights of Grandparents Every court is looking for what is the best interest of the child when considering a grandparent’s right to visitation or custody. Certain conditions have to be met according to state statutes before visitation or custody rights are granted to grandparents. The conditions will vary depending on whether you are seeking visitation rights or custody. A family attorney can explain those conditions prior to filing a petition with the court. These factors are an interpretation of the state statutes related to the case. The physical and emotional needs and safety of the child are considered. If the child is capable of making decisions, the wishes of the child are also considered. Courts also look at whether grandparents can meet a child’s needs.
Can grandparents obtain power of attorney for a child traveling with them"?
Yes, grandparents can obtain power of attorney for a child traveling with them, granting them legal authority to make decisions on behalf of the child during the trip.
What are the rights of grandparents in Arkansas?
The laws regarding visitation rights for grandparents vary from state to state and are often determined on a case-by-case basis. Briefly, all states require that the grandparents have the burden of proving the visits are in the best interest of the child. Be advised that when the grandparents are trying to wrest control of grandchildren of their deceased child from the surviving parent- that type of situation may not be considered to be in the best interest of the child. Some states are more permissive including: Arkansas, Connecticut, Hawaii, Idaho, Kentucky, Maryland and NY. Other state are more strict such as Florida, Minnesota and Pennsylvania where the child must have lived with them or they must have had a parent-child relationship with the grand-child. Some state requirements are extremely narrow where the grandparent must prove they took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods. You need to consult with an attorney in your state who can review your situation and explain your options. You can prepare by reading the information about grandparents rights in Arkansas at the related link.
Do grandchildren have rights to their grandparents even if the children's parents are living?
Grandparents have no legal right to have custody over their grandchildren like parents do. Any relative have the same right to petition for custody if the parents are gone. If the parents are there they are the ones deciding where the child will live.Grandparents can have the right to petition for visitation though depending on which state they are in. That is something other relatives don't have. The laws differs on grandparents rights. The court usually don't go against parents wishes though.Another PerspectiveYou asked about grandchildren's rights to their grandparents. Unfortunately, the parents have the right to make decisions for their minor children. If the parents decide to keep their children from seeing their grandparents they may do so.
