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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
If you are a minor can you drive alone in the state of Florida?
no because they are from a different state and rules are rules
Are minors allowed in Ohio bars?
The answer to the question is YES, a minor can drink anywhere it is legal to drink in Ohio if the minor is "supervised by a parent, spouse who is not an underage person, or legal guardian, or the beer or intoxicating liquor is given by a physician in the regular line of the physician's practice, or given for established religious purposes." ORC 4301.69(E)(1).
A parent may not host a party for minors who are not their children though. And a parent can't give permission to drink and then not be there to supervise the child. A minor may have a beer with their parent. Now here is the tricky part, try to openly order a beer or a cocktail for your obviously minor child. They can order, try getting served!
What does it mean if a father signs his rights off on his child?
If it's court ordered, he has no right of access, or to petition for access. If this addresses single fathers, they have no rights of access, however they have a right to petition the courts for access.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for the child.
What is the responsibilities of a lawyer?
A Barrister in general is a lawyer, but the most common law jurisdiction the related tasks of a lawyer are split in two different classes. Usually a Barrister takes more courtroom-related tasks, such as giving expert statements or drafting pleadings.
At what age can a child testify in court?
As a general rule there is no threshold age for giving evidence. In other words, a child does not have to be a specific age to be deemed competent or below which they are deemed incompetent. The competence of a child to give evidence is for the court to assess on an individual basis. This competence hearing is known as a 'voire dire'.
In the past the test for competency for a child witness was whether the child understood the nature and consequences of the oath. Now that it is no longer necessary (in most common-law countries) for a child to take the oath before testifying, the test is rather whether the child understands the difference between telling the truth and lying, and the importance of telling the truth to the court.
Recently, there appears to be a shift from deciding a child's competence on the basis of reliability to deciding a child's competence on the basis of intelligibility. In other words, as long as the evidence of the child can be understood, it should be received, and thereafter the weight of that evidence can be assessed as a matter of fact. This is more in keeping with the approach taken with adults, which is appropriate, as the latest research shows that children are as competent as, and sometimes better than, adults in the witness box, as long as the children are properly interviewed and carefully questioned.
Neil van Dokkum.
What is the legal age to live alone in South Carolina?
Legally in the state of South Carolina a child is considered a adult when they turn 16. Though living on one's own is difficult so plan ahead and save money prior to moving out. Also understand many landlords will not rent to someone so young.
How does the court system protect juveniles?
The court procedures and sentences given out are not as strict or as harsh as adult offenders.
What is the legal age to drop out of high school in Iowa?
You can drop out at the age of 16, however, they have the right to suspend your driving privileges until you complete school or turn 18. However you REALLY need to think this through. I know things may seem difficult but they do get better, I promise. You will permanently affect the rest of your life with this choice. You cannot get good jobs, attend college, even enlist in the military if you have dropped out and not obtained your GED. The new GED test is VERY difficult. Talk to your parents or a counselor before you make such a monumental decision.
Only children who are at least 16 years of age before September 15 may drop out during that school year. A child whose 16th birthday is on or after September 15 must attend school that entire school year. Iowa Code section 299.1A.
How old do you have to be to be home alone in Michigan?
Laws do not prescribe a minimum age, but the child's maturity and ability to take care of themselves will be a factor in determining if there was any child endangerment. AnswerMichigan, as almost every state, does not have a law specifying the age at which a minor child can be left home alone. The basic criteria is the circumstances and the amount of time that the child is left rather than age, which creates a legal "Catch-22". The law presumes that the parent(s) or adult caregiver will be prudent in assessing the child or children's level of maturity when making such a decision. It goes without saying one should never leave an infant or small child alone for any length of time. Generally a child under the age of 12 is not considered mature enough to deal with some of the circumstances that might arise.
If a minor child is injured and needs medical attention or is found left in an environment considered unacceptable (as in no staples, utilities, etc.) the parent or adult caregiver can be charged with child endangerment and/or neglect. Due to the way the statue is written it is strictly a judgment call on the part of the parent or adult in charge.
Be advised that in almost any state a child under the age of 12 left w/o adult contact for more than twenty-four hours can be considered to have been abandoned. LEGAL AGE.
There are very few states in the U.S. with legal minimum ages, but many state agencies have published guidelines (Georgia, Illinois, Maryland and Oregon are a few of the states with very specific ages). Typically 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).
no the child or teen is not living with them and the child support is to support the teen while they are living there and now they're.. not but if there are other children involved you will still have to pay for them.. but you will have to go through court unless the other parent is willing to just give up custody which in most cases they wont because they want the money..ask a lawyer they will have much more information for you or go to a court house a get a pamphlet..hope i helped!!
Does father have any rights if has had no contact ever with child?
If the father's name is on the birth certificate, the mother must petition the court for full custody rights. If the petition is granted, it still will not relieve the father of his financial obligations. Even if the father's name is not on the birth certificate, it will not prevent him from taking action for cutodial rights in the future. If he has not shown an inclination to be involved in the child's life, or supported the child financially, the court would give little creedence to such a request.
Can juveniles get sent to prison?
Yes, in many states and especially for capital crimes, children as young as nine-years-old have been incarcerated in prison. It is less common for children under the age of thirteen.
There are, for example, approximately 1,300 children between the ages of thirteen and eighteen currently incarcerated in the Michigan Department of Corrections facility at Lapeer, Michigan (Thumb Correctional Facility).
Can a foster child choose which family to go to. Even if the family isn't related?
It depends on the state, however most states are the same considering Fosterhomes. The child may not pick a family to go to. A family that would want to take in the child may go through a process of home studys and background checks to be eligible to legally take the child in. However, if the family is already a foster parent they can tell the local Social Service they want this child in their home and it can happen immediatly due to the fact they already have all training and are fully prepared for any child in the state. If the family is out of state , that family will have to go under a long process of an interstate compact. The only way a child may go live with family is if you agree ,upon the social worker asking you and do the procedures, or if you make the request and do the procedures. Same thing with unsupervised visits. Hope this helps!
Is leaving a child unsupervised on a field trip out of state child endangerment?
It could certainly be termed that. The laws are different in different places, but this would be pretty easy to define. Leaving a child unattended for any length of time in a vehicle can be a problem.
However, it does depend on the exact circumstances. Deliberately leaving a child alone on a bus, probably yes. Telling the kids to stay on the bus while you fuel up, probably no.
In what case did the US Supreme Court say that juveniles aren't entitled to a jury trial?
McKeiver v. Pennsylvania, 403 US 528 (1971)
In McKeiver, Justice Blackmun, presenting the opinion of the Court, explained that the purpose of applying due process protections to juvenile court proceedings, as allowed pursuant to the Court's decisions in In Re Gault, 387 US 1 (1967) and In Re Winship, 397 US 358 (1970), was fundamental fairness with regard to fact-finding.
In neither case did the Court extend the Sixth Amendment right to a jury trial to juvenile court proceedings, because the intent of the juvenile justice system is to rehabilitate, and a jury trial creates a more adversarial environment that can undermine that goal. "Equating the adjudicative phase of the juvenile proceeding with a criminal trial ignores the aspects of fairness, concern, sympathy, and paternal attention inherent in the juvenile court system." Juvenile court is not criminal court.
This decision was later upheld in Santosky v. Kramer, 455 US 745 (1982) and Schall v. Martin, 467 US 253 (1984).
It's important to note that McKeiver did not preclude individual states from providing juveniles with a jury option, but simply did not require them to do so.
Blackmun clarified this point: "The imposition of the jury trial on the juvenile court system would not strengthen greatly, if at all, the factfinding function, and would, contrarily, provide an attrition of the juvenile court's assumed ability to function in a unique manner. It would not remedy the defects of the system. Meager as has been the hoped-for advance in the juvenile field, the alternative would be regressive, would lose what has been gained, and would tend once again to place the juvenile squarely in the routine of the criminal process.
"The juvenile concept held high promise. We are reluctant to say that, despite disappointments of grave dimensions, it still does not hold promise, and we are particularly reluctant to say, as do the Pennsylvania appellants here, that the system cannot accomplish its rehabilitative goals. So much depends on the availability of resources, on the interest and commitment of the public, on willingness to learn, and on understanding as to cause and effect and cure. In this field, as in so many others, one perhaps learns best by doing. We are reluctant to disallow the States to experiment further and to seek in new and different ways the elusive answers to the problems of the young, and we feel that we would be impeding that experimentation by imposing the jury trial. The States, indeed, must go forward. If, in its wisdom, any State feels the jury trial is desirable in all cases, or in certain kinds, there appears to be no impediment to its installing a system embracing that feature. That, however, is the State's privilege and not its obligation."
In 1971, no states offered jury trials. As of 2009, ten states grant the right of juveniles to jury trials, and another eleven states allow jury trials under limited circumstances.
Often, US Supreme Court decisions follow trends in state courts. At some point in the not-too-distant future, the Court may extend 6th Amendment protection to children and teens.
Run, don't walk to the venue that issued the order for support and file a petition/motion to suspend/abate support.
On the other hand, if you cannot afford to help feed, clothe and educate the child you already have, perhaps you should consider not having more children...beyond the one you are about to deliver, that is.
Can children not related by blood share a room?
No. A 13 year old boy is growing up and needs his own privacy.
If you are 5 feet tall can you legally sit in the front passenger seat?
It depends, because my mom said you have to weigh 63 pounds! So if your fat...you can sit in the front if you weigh 63 pounds or more! If you weigh 62 and UNDER...SORRY! You have to wait till you get more fat!
No. Courts are very concerned that children have the opportunity to spend time with both parents. Unless there are mitigating circumstances, such as proven previous abuse. Even in this scenario, the court could order supervised visitation.
If parental rights are still in effect does a parent have a legal right to see his or her child?
A parent is the biological or legally adoptive mother or father. If you have lost custody of your child you are still the child's parent in that sense. If you have allowed your child to be legally adopted you may not be in their life but you are still their parent in that sense. In a legal sense you can no longer make any decisions for the child and have no parental rights.
When your falsely accused of child neglect and what to do?
My wife and I have been fighting false alligations by a ex for two and one half years. He called dfcs and told them we had a meth lab. Dfcs showed up with our local drug task force. The ex then tried to kill the both of us after a court hearing. My best advise is to find a good atty and make him sign a contract as to the cost and make him give you a break down of anything filed by him. Also the times he has done anything on your case. Dfcs are the most unethical and lieingest people I have ever delt with in my 46 yrs.
Can a 16 year old choose to live with her grandparents without her father's consent?
Not unless there is a court order allowing the action.
I do not think so, yet you can consider yourself emancipated, which means you get along in life on your own. You probably want to talk to your parents about something like this anyways!!
You live in Illinois what age can a child decide which parent they want to live with?
Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is requiredto abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody.
Check link below for more info.Can you get divorced from your dad?
unless you were married to your father, than no, you cannot divorce your dad.
