Hannah is a family law lawyer located in Traverse City, Michigan, who handles divorce, child custody, paternity, adoption, neglect, and other family law matters, and who assists fathers and mothers to exercise their rights to custody and parenting time. While I certainly respect this attorney’s right to express his opinion on moral issues, I strongly disagree with the opinions he has expressed on legal issues. Now I’m up here on my “constitutional highhorse” and my goal is to define what legal rights a father has to a child if he is not married to the mother. This discussion does not include a situation where the mother is married to another man during either conception or birth. That situation raises even more complicated issues that were discussed on this blog in April If his consent to an adoption is not obtained and where a mother refuses to provide the identity of the biological father to a court, an adoption may later be subject to challenge provided that the father is subsequently able to learn that the child has been given up for adoption without his knowledge and consent.
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Share on Facebook There is, perhaps, no greater betrayal to a marriage than adultery. Marriages that end in divorce due to adultery have the potential to leave both sides permanently wounded and embittered. This article will explore the possible impact of adultery on the divorce process and, specifically, on alimony. If you have any questions after you read this article, you should speak with an experienced family law attorney for advice.
There is no real legal dating age. The only age limits concerning dating are that a legal adult (18+) should not date a minor (), but as it stands, if they have been dating since the adult was still a minor .
Updated charts and a brief list of frequently asked questions explaining the new law and what it means for service providers and service delivery are available for download from TeenHealthLaw. Unlike some Teen Health Law publications, these are not provider guides. Also, please note our name change to TeenHealthLaw. Funded by the U. The FVPF selected 10 geographically and ethnically diverse sites to begin the effort. The manuals were created by NCYL as a legal reference for each Leadership Team, providing an overview of adolescent confidentiality and abuse reporting law in each state and identifying issues that the Team may want to consider in developing its plan.
To download the manuals, click here. The Family Violence Prevention Fund is a national nonprofit working to end violence against women and children around the world. Instrumental in developing the landmark Violence Against Women Act passed by Congress in , the organization promotes leadership within communities to ensure that violence prevention efforts become self-sustaining, and educates health care providers, police, judges, employers, and others about effective ways to address violence.
Legal Information: Kentucky
With the ailing housing market and high unemployment rates, some are finding it desirable if not necessary to leave the state and start fresh somewhere else. While the majority of people can simply pack up their bags and leave, this is not the case for parents who are separated or divorced and share custody of their children. In these situations, the relocating parent may need to obtain the other parent’s permission to move, and is almost always required to secure court approval.
California law on underage dating applies to sexual conduct with minors. According to California law, an unlawful act of sexual intercourse occurs when an adult (18 years or older) has sex with a minor (under 18) who is not the spouse of the perpetrator.
In order to file for a divorce in Michigan, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows: A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for days immediately preceding the filing of the complaint, the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.
Michigan Compiled Laws – Section: The Complaint for Divorce must declare the appropriate Michigan grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
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What are the grounds for divorce? Insanity existing for two years prior to the filing for divorce; 2. Spouses live separate and apart for 1 year without cohabitating; and 3. What is a divorce going to cost me?
Minor If you are a minor, you have the right to: For example, under Michigan law a person is considered an adult for purposes of the criminal law. at age 7. So if a 7 year old is accused of a crime, he/she will be tried as an adult in either district The Law: ,.Parents,lors.
Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the “health, safety, and welfare” of the child and “frequent and continuing contact” with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the California family code section See California Family Code Section , , , Further, according to California family code section , child custody should be granted in an order of preference and according to the best interest of the child.
A common challenge for the court is to decide who will get custody of the child. Child custody may be petitioned by parents, grandparents, stepparents, or any person who believes they can provide suitable care and guidance to the child. So how does the California family court or California judge handle competing persons seeking custody of the child? According to California family code section child custody should be granted in an order of preference and according to the best interest of the child.
The court looks first to grant custody to both parents jointly or to either parent before looking to grant custody to other persons. California however does not currently establish a preference or a presumption for or against joint custody arrangements. Instead, if the parents are unable to come to an agreement on child custody and visitation it allows the California family court or California judge to make the parenting arrangement decision on a case-by-case basis according to what it believes reflects the overall best interest of the child.
If neither parent is granted custody, then the court may look towards the person’s home in which the child has been living and the stability of that environment and then to any person deemed by the court to be able to provide appropriate care for the child. In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child.
California Family Code Section states,
Michigan Divorce and Family Law
The following is information regarding Michigan child custody laws and parenting time laws in Michigan that you may find helpful. In Michigan, physical custody can be awarded as sole physical custody, joint physical custody or as shared custody arrangements. Usually, the matter is first referred to the Friend of the Court for an investigation and recommendation.
If one of parents disagrees to the recommendation made by the Friend of the Court, then the matter is either scheduled for an evidentiary hearing or a trial.
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A new law, effective July 1, , has changed registration rules for juveniles significantly. Juveniles who have already been adjudicated of a sexual offense or who are facing sexual offense charges should understand and comply with the requirements or the changes to the requirements. If registration is required, the individual must regularly provide a list of specific information to the police. Some information is included on a public website, while other information is available only to law enforcement officials on a separate database.
The new law divides offenses into three “tiers”: Each “tier” has different reporting requirements. However, juvenile offenders may be required to register in two circumstances: Juveniles who were under the age of 14 years old at the time of the offense are not required to register. Note that persons who were adjudicated as juveniles of offenses that are now in tier I or tier II were required to register under the old SORA law; however, these tier I and tier II offenses no longer carry a registration requirement for juvenile adjudications.
Length of Registration Tier III juvenile offenders fitting the description above are required to register for life. There is a mechanism to petition for removal, if certain criteria are proven, after 25 years. Public Website Under the law, juvenile offenders do not appear on the public registry.
Minors Legal Questions and Answers
While most high school students think of the emotional, social, and physical consequences of sex, few consider the legal gray area they might be entering. The age of consent in New York City is seventeen years old. Many teenagers first become sexually active before the age of If you are having sex at 15 or 16, are you breaking the law?
Fortunately, lawmakers in New York took teenage relationships into account. The younger the victim is, the more severe the punishment.
Others start dating right away, as a distraction or to combat feelings of loneliness. And in some cases, an affair triggered the divorce. From a legal perspective, it’s best to avoid a new relationship while your in the middle of a divorce.
C A Paternity Custody Child Support Visitation Guardianship Parental Rights other issues If you don’t have a child custody and visitation order in place, you need to petition the court to get one established. What a court order does is protect your parental rights and gives you recourse if the other parent does not comply. Likewise, if you don’t have a child support order in place, or need to increase or lower child support based on a change in financial circumstances, you should petition the court.
In fact, if you delay in addressing child support issues it can cause you financial nightmares down the road. Whether you are trying to modify child support, establish father’s custody , or something else, you need to be proactive and take action NOW! Fortunately, we provide you with an affordable solution. The Attorney Connection Child Custody Center provides you with the professional legal help you need for a low flat fee and saves you thousands!
If you are looking for child custody help such as: You need to establish custody and visitation , want full custody or visitation rights, need to enforce parental rights, etc.