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Children and the Law

The law has a special place for children and minors. This topic covers the laws designed to protect children from abuse.

7,815 Questions

What if a child lives without a parent?

they get put in a Foster Home, or if they are young maybe they would get adopted.

If a man assaults a minor what charges are held against him?

You can charge them with harrasment. Or if they come at you with a weapon, like skateboard, rocks, knive, fistpacks, or any other object that can do harm to you, you can charge them with asult with a deadly weapon.

What age can a child refuse to visit non custodial parent in west Virginia?

Minor children are not allowed to make such decisions. If the child is old enough to comprehend the situation the judge may ask him certain questions concerning his present living situation, school, friends, and so forth. The judge will not ask the child which parent he or she wishes to live with, as it is considered to place to large an emotional burden upon the child, and any child will usually choose the parent who is the most lenient. There are exceptions to the rule, if a child is an older teen the judge may order the parents and child to attend counseling sessions in an attempt to reach equitable solution to custody, rather than having it made by the court.

Can an 18-year-old legally sign themselves out of school?

It depends upon the regulations of the school district in which the student is enrolled. The state establishes compulsory education laws, school boards implement dress codes, disciplinary issues, parental consent issues, and so forth.

How long can a child stay home alone?

It depends om your definition of "Child." My definition: "A child is from moment of conception through early adolescence." In this case, a child should never be left alone!

What is the Legal age to have a baby in Georgia US?

There are no 'laws' regarding pregnancy. There are laws regarding how one is allowed to end a pregnancy, but none on pregnancy.

How many juveniles are under 15 and are in a detention center?

It usually depends on the situation,some juveniles get transported directly to adult centers once they are of age, some get released at 18 some to their parents, depends on what they did

Is it legal in Tennessee for police to question a minor in the home?

No. You can refuse to talk. You can also refuse to make a statement without the presence of a lawyer.

Does non custodial parent have to pay child support and alimony if the custodial parent doesnt work?

In some states the non custodial parent is required to pay child support even if the custodial parent is not working, especially if the custodial parent is receiving welfare, AFDC, or public assistance. what will happen is that the noncustodial parent pays child support and the departmant of social services will take that payment and use it as a full or partial payment towards the monthly assistance grant. I do not know what the standard policy is for alimony.

In Michigan if a child was born out of wedlock but the biological father signed an affidavit of parentage can the mother move out of state without first going through the courts?

The short answer is yes. The affidavit simply establishes a presumption of paternity. The father has no actual rights (to custody, parenting time, or support) until he files a paternity suit. If he did file a paternity suit, no DNA test will be required, and he will be found to be the father, because he is on the affidavit. Next, the court would issue an Order of Filiation. At that point, the mother would be bound by Michigan's 100 mile rule, and would not be able to more more than 100 miles from the other parent unless given permission by the court. However, in your case, all you have is an affidavit of parentage. You can move out of state without permission of the other parent or the court.

What is the difference between a commonwealth state and a community property state?

AnswerJoint Tenancy is a specifc way to hold real property. It is not specific to either a community property jurisdiciton or non-community property jurisdiction. At common law, a joint tenancy was created when a grantor (person who originally held the land) conveys (transfers) the property in a written instrument to two or more people with the specific clause, "with a right survival." Therefore, at common law there were four unities required, that of time, title, interest, and possession. That means that each joint tenant has the same right to the use and possess the whole of the land. Joint Tenancy is special because it has a survivorship quality. That means that if a joint tenant dies, the estate will automatically pass to the survivors of the joint tenants. For example if A and B held as joint tenants and A died, then B would automatically possess the whole of the land in fee simple absolute.

There are more details, such as alienability and severability of one's interest, but that may be more detail then necessary.

Community property is a legal system used to determine how property should be distributed if a married couple and in some states registered domestic partners, should be dissolved, by divorce or death for example.

In such a system there are certain types of property that are considered to be community property, meaning they are property held equally by husband and wife even if title should indicate otherwise. Community property is actually best defined by what it is not. Community property is all property that is not separate property. Separate Property is property that 1) was acquired before marriage, (2) acquired after marriage by gift, bequest, or devise, and (3) acquired during marriage with separate property (think of using a savings account created before marriage to buy something during the marriage).

All other property is community property. That would include one's salary during the marriage, and anything purchased during the marriage with non-separate property funds. A business started during before a marriage that grows can have community property characteristics depending on the valuation method used.

The basic idea is that community property jurisdictions view the marriage as a common endeavor by both parties. Even though only one party may be working and making a salary, the rationale is that the non-compensated party makes it possible for the the wage earner to participate in the workplace. The non-compensated party also presumably provides valuable services to the other party (think of staying home and watching kids, cooking, cleaning.) Some say this system started to protect the non-compensated party by giving him or her an automatic 1/2 interest in all community property. Others say now that many families have two wage earners, this system is antiquated.

So, considering what i have said above. You can now see that holding property in the joint tenancy form can be done under either a community property or separate property jurisdiciotn with largely the same results. The easiest way to explain is with an example. Let's say Husband (H) and Wife (W) are NOT YET MARRIED. H and W nonetheless decide to buy a house together as joint tenants with a right of suvivorship. This would mean that they each have the same rights to possess and use the whole of the home, and the survivor automatically receives the whole property. In either a community property state or non-community property state the result is the same.

The result may be different, however, if the facts are changed. Let's say H and W are married. H decides to use community funds (a bonus he got at work of $50,000) to buy a house with his Mistress (M) as joint tenants. Note the difference, in a separate property state, this 50k would be his property and he is free to buy what he wants with it, in whatever form (ignore at this time testamentary substitues a form of protection in separate property states like NY.) So in a separate property state H and M would hold as joint tenants. If H died first, M would automatically get the house.

In a community property state, H has used community funds to buy this house. H really only had a 1/2 interest in the bonus he earned at work, so W also had a 1/2 interest in the home that was purchased. So in a community property state H has a 25k interest and W has a 25k interest. If H were to die first (predecease) then M will take the property, BUT W will still have a 25k interest in that property. That means that M will either have to pay off the 25k to W or an equitable lien will be placed on the land in the amount of 25k to satisfy W's interst in the property.

Community property states afford clear and automatic protection to W.

How can a father gain custody of his children from the birth mother without having a job?

It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.

Industrial ear piercing?

when I got mine done, what he did was he took a needle and pierced the two holes and then, while pulling the needle out, placed the barbell into the holes.

Can a 16-year-old pregnant girl move out of her parents' home if they don't want her to in New York state?

No, the legal age of majority for the state is 18. A minor who becomes pregnant or has a child is not considered automatically emancipated except in the state of Wisconsin.

How much is a prosecutors salary a year?

Due to many variables such as location, experience, etc. a specific answer isn't possible. Assuming the question refers to public rather than private prosecutors, the salary range can be anywhere from $20,000 to $110,000 +.

Can minor live with friend?

You can live with a friend as long as they have a resident order for you.this is an order that means you can have someone to live with you if they are not a relative.

What are the Oklahoma latchkey laws?

"In Oklahoma, there is no fixed age when a child can be left alone. Some are unable to take care of themselves even though they may be older than other children." - Lawton (Oklahoma) Police Department There are very few states in the U.S. with legal minimum ages for children home alone, but many state agencies have published guidelines. Georgia, Illiniois, Maryland and Oregon are a few of the states with specific ages mentioned in their laws.

12 years of age appears to be the most common recommendation. Below in Related Links is an article entitled Latchkey Kids Age Limits which provides one guideline from a California agency representative who suggests that 8 year olds and over can be left at home for up to several hours (usually after school before a parent gets home from work). This site also provides a state by state comparison with references.

Is chewing tobacco legal for a minor?

Yes, it is illegal for persons under 18. The law states all persons buying tobacco products must show identification and age verification.

Can the biological father relinquish parental rights to his child if the mother's new husband is willing to accept the responsibility?

The biological father would not need to adopt his own child. He would petition the court for full custody of the minor child and assuming the court deemed him fit for parenting he would become the sole custodian.

Can a minor with a baby get married to another minor without parental consent in Texas?

they can't. and if they love each other enough they will be able to wait until they are old enough. To get married under the age of 16 requires a court order in the state of Texas. And anywhere in North America, you must have parental permission if you are under the age of 18.

How do you stop child support payments when child is 18 years old?

The defendant must petition the court in person. To do this, certain paperwork must be filed and then a court date will be set. You must show proof positive that you have met all your financial obligations for child support. If one has missed any payments during the time they were making child support payments, those are STILL owed and the court will not rule otherwise until the entire debt has been satisfied.

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