8

Under 28 Pa. Code 1.6, The child of an unmarried woman may be registered with any surname requested by the mother. If no other surname is so requested, the child shall be registered with the mother’s surname Registration is the point at which there is parental discretion. Subsequently, a name change is possible by court order, however as maintained ...


7

If an adult had physically restrained the miscreant brat, they could be sued for / charged with battery (which does not mean "beating up", per Cal Penal 242, it is the "willful and unlawful use of force or violence upon the person of another". In either case, there is a defense that can be mounted, the "defense of others" defense, to the effect that the ...


7

Such sad and tragic circumstances, my sympathy to all involved. General I do not know the specifics of English law as it applies but I believe it is similar enough to New South Wales, Australia that the general overview that follows is not likely to be far wrong. Before a court intervenes there has to be a dispute and someone with standing must bring an ...


6

The following answers are based upon general U.S. law, I have not personally confirmed that they apply in Illinois in particular under its adoption law, or each of its welfare benefits programs, or its wrongful death statute. There is no affirmative duty of a mother to inform a father or potential father of the existence of his child, at least outside (1) ...


6

I presume that the document refers to "barn" and "barnebarn". Norway has forced heirship laws, which refers to offspring as "barn", not limited to those under the age of majority. Interpreted in the context of Norwegian law, there is no assertion in using the word that it grants a right to minors. When you add the additional condition that the recipient must ...


5

According to http://info.legalzoom.com/divorce-am-responsible-kids-not-mine-20971.html Your stepchildren -- the biological kids, adopted children and stepchildren that your spouse acquired in another marriage or relationship before marrying you -- are usually not legally entitled to support from you after you divorce your spouse. However, if you signed a ...


5

Generally, you would have to bring an eviction action just as you would for an ordinary landlord-tenant relationship. This means given written notice served as required by MA law of a deadline to leave, and then if the child did not leave, filing an eviction lawsuit and serving the papers on the child, and then attending an eviction hearing, and then, if ...


5

I exclude Shari`a law because I don't know, but generally there would be no legal recourse that depends on the lie. A marriage is not legally viewed as a contract with enforceable obligations, so a woman could not be forced to bear a child against her will if she had earlier promised to do so, and she could not be penalized in any way. The man still has the ...


4

No one can tell you how the facts are going to line up if you get sued. The attractive nuisance doctrine is alive and you can be found liable if you have, on your property, a dangerous condition which is attractive to children, especially if the danger is not appreciable to the child. Now, I'm a bit skeptical that a child would climb a fence to kick snow, ...


4

You seem to have put a lot of thought into this - which is good. However, the short answer is: There is no legal solution. To address your points: And legally, my future wife has the right to divorce me even if I did nothing wrong (no-fault). Yes (at least in most jurisdictions). And then, according to the US Census Bureau [1], mothers usually get ...


4

A child can only be adopted if all legal guardians agree to it. In normal circumstances both the mother and the father of the child are it's legal guardians. The dialog is accurate. If the father does not agree to adoption and the mother doesn't want to raise the child then the father would normally apply to the court for full custody: in these ...


4

Under the Dutch Civil Code article 1:245, "All minor children are subject to authority". Article 1:247 says that "Parental authority comprises the duty and right of the parent to care for and raise his minor child". This basically means that parents have the right to exercise authority over their children (until age 18). Art. 1:249 says that: A minor ...


4

The US Supreme Court only has jurisdiction in federal matters. So if someone is suing under federal law, or there is a constitutional question, the Supreme Court is the place to go for a definitive answer. However, states have their own laws. The Supreme Court cannot tell New York that it must apply the attractive nuisance doctrine, as it is neither a ...


4

Beware: The details will depend not only on jurisdiction, but also on the details of the parents, the parenting agreement and, of course, on the situation of the child. However, here are some general guidelines (mostly independent of jurisdiction): Ideally, you should resolve the problem by non-legal mechanisms. However, you may have to resort to legal ...


4

This means that you have the right to make arrangements to do things like arrange for the child to travel to your home (possibly as an unaccompanied minor on a plane or train or bus), to enroll the child in a school of your choice near your home and to sign permission slips on behalf of the child as necessary for school activities, to arrange to have the ...


4

If one day the child goes around to the father's house, perhaps in a state of upset, and says, "That's it, I'm staying," what is the legal position of the father? An eleven year old child really has no say in the matter. A judge in a custody case may consider what the 11 year old has to say but is unlikely to give it much weight. (In contrast, a judge ...


3

Overview of Notice Requirements To Fathers Prior To Adoption In Illinois The father has some rights, but they are very limited in Illinois under the kind of circumstances set forth in the ER dialog. If the mother wants to put up the child for adoption and doesn't want to reveal anything about the father, perhaps with the specific intent of preventing him ...


3

Now I'm having another conversation with a lawyer and I'm not particularly happy (not to say outraged) that to answer a simple question they require £95 + VAT for 30 minutes Skype session. Maybe it is a common practice in law industry - in my industry (web development) we share our knowledge in an open-source manner. The rate you were charged is ...


3

Abandonment is not the legal concept to be concerned with (though the situation might fall within the ambit of a law that uses the word "abandon"), instead the question should be about the legal obligations of a parent. California Family Code is what you want to look at. Though a look at the criminal act of "child abandonment" can be informative: section 271 ...


3

Children below age 7 (or age 10) aren't granted immunity; they were not tried often because they are arrested in a rare case (less than 2% in all juvenilen offenders) (refering to Juvenile Crime, Juvenile Justice, National Academies Press) Note that people aged 16 or 17 (or even 15) is already triable for criminal charges (see R v Balham Youth Court). ...


3

The husband of the mother of a child is presumed to be that child's parent until that presumption is disestablished. In New York State, when a child is born to a married mother, a court may decline to consider DNA evidence when it is not in the best interests of the child to do so. In substance (although not exactly from a legal perspective), a failure to ...


3

There appears to be no "oppressive child labor" occurring and therefore no breach of labor laws. The definition of oppressive child labor expressly excludes employment by "a parent or a person standing in place of a parent" except in identified hazardous occupations; gardening not being one of those. Notwithstanding, schooling in California is compulsory ...


3

In the UK, no offence is committed, however many public locations cite the Data Protection Act 1998 as a reason to stop people taking pictures. DPA does not mention this topic at all, and is a red herring (however informing the location of this is unlikely to help, I have discovered) In fact, in the UK, the only laws that appear to exist cover either ...


3

In general, in the absence of a reason to the contrary, an individual parent can consent to medical care for the parent's child, even if the other parent wouldn't have agreed to it. This is where to begin the analysis. Often, when parents aren't married there is a custody decree from a court that spells out who does and does not have custody of a child with ...


3

Maybe I'm reading Walsh wrong, but it seems to me to be saying that Stout might apply in some cases, but it doesn't in that specific case. I think you are indeed reading it wrong. In the Walsh case, the court says: We have not had occasion to decide the question up to this time, but now that it is presented, we not only reiterate the doubt which we ...


3

In the US, the details are determined at the state level. The term "abandonment" is used very broadly, and can include a situation where a parent leaves a child without making contact for a period of time (which may result in termination of parental rights, but not a punishment). "Abandonment" as it applies in Washington state is explained here. There is ...


3

Either party can petition the appropriate court for an adjudication of paternity (if this has not already been established in connection with the issuance of the birth certificate), and for a parental responsibility and child support order, at any time, if no such order is in place (assuming that Pennsylvania is the "home state" of the child and venue is ...


3

There are statutory guidelines that are based upon the gross income of each parent, the number of children, the extraordinary expenses of the children, and number of nights a child spends with each parent, which are adopted by states in order for the states to be eligible for federal welfare programs; although standards vary somewhat. Income can be imputed ...


3

This is indeed an area of law where the answer does depend on the jurisdiction. As a 2015 article on the subject noted (and I am loathe to refer to less current sources as this is a rapidly changing area): The United States has no national laws or regulations governing assisted reproduction. However, many states have piecemeal legislation. Some ...


3

Any parent may leave a child in the care of another responsible person. There is no special license required. The parent may use sound judgement in selecting the caretaker. Nor does a caretaker even have to be an adult -- teens are often used as baby sitters. If a reasonable parent would have known that a particular person was not a safe caretaker, then ...


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