51
votes
Accepted
Does the first amendment protect children forced to receive a religious education?
It's less that the first amendment does not apply to minors and more that the first amendment does not apply to the parents' conduct. The first amendment to the U.S. constitution reads (emphasis added)...
- 702
24
votes
Can a parent kick out their underage kid's kids?
north-carolina
A parent is responsible for supporting their minor child, therefore they cannot "kick out" their child (they can arrange for someone else to take care of the child but they ...
- 160k
18
votes
Can a parent insist that her child (teen) stop assisting police?
E can leave at any time
E is not detained and there is no basis to detain her. As a child, that decision can be made by a parent.
E can be subpoenaed to testify but she does not have to talk to law ...
- 151k
16
votes
Accepted
In the USA, do parents have the right to control their children's possessions?
The fundamental question is whether children can own property: they clearly can. See Cyclopedia of Law and Procedure (I improved the link so it can be more easily read).
As a general rule any ...
- 160k
8
votes
Why was the NHS able to prevent Charlie Gard's parents from taking their child to the US?
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 ...
- 151k
7
votes
What can a father do to become the primary caregiver?
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 ...
- 6,393
7
votes
U.S. - "tough love" eviction of child (non-minor, not paying rent)
Before you go changing locks, you might want to hire an attorney. There is law in Ohio that governs "such" relationship, which are typically landlord-tenant relationships, but might not be strictly ...
- 160k
7
votes
Accepted
What can a presumptive father do to terminate all responsibility toward an unwanted child?
Not much.
Consider the following:
The father can not force the mother to abort the pregnancy.
Ex post facto agreements of non-payment are, in all likelihood, unenforceable.
The father will be ...
- 9,390
7
votes
How legally enforceable are documents giving up paternity?
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 ...
- 134k
7
votes
Are Parent-to-Child death threats legal exceptions?
“I’m going to kill you” is not a threat
Or at least, not necessarily.
A criminal threat is more than words - it must encompass the intent to carry out the threat. Except in wholly exceptional ...
- 151k
7
votes
Accepted
On what basis can Google decide that 13 is the age of autonomy for its users?
Children/youths are allowed to make some decisions themselves even before becoming adults.
In the US, COPPA has privacy protections for children under the age of 13. This means that many US-based or ...
- 17.2k
6
votes
Accepted
To what legal extent can parents prevent children from masturbating?
To what legal extent can parents prevent children from masturbating
and are religious reasons legal justifications for such actions?
One of the main restrictions on parental authority is a ...
- 134k
6
votes
Is it legal for parents in Iowa not to allow 16 year old to attend high school
The child does not have a legal right to determine how Iowa's compulsory education law is obeyed. The first section of the law says that the
custodian of a child who is of compulsory attendance age ...
- 160k
5
votes
Accepted
Are parents allowed to not pay for their children's surgery?
Parents have a legal obligation to care for their minor children: it is illegal to harm a child through action or inaction. State law and associated welfare programs are complex: you can start here. ...
- 160k
5
votes
Accepted
Ex wife moving out the country with my daughters
Child custody (and alimony) are determined by state courts, so the exact details are state-dependent.
There is no legal basis for a person preventing thrie former spouse from moving (assuming the ...
- 160k
5
votes
Accepted
I'm 16 years old and I want to move in with my 18 year old SO, am I allowed to decide this for myself? What can my parents do against this?
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 ...
- 160k
5
votes
Can a man have invasive medical procedures forced on him during a paternity dispute?
She can't force him, but the court can. This would be a court ordered paternity test. If one parent can't give blood for some reason they could do something else like a cheek swab.
- 9,075
5
votes
Accepted
Is there any cognizable ground for criminal prosecution for the surreptitious or unconsensual use of male reproductive cells or “spermjacking”?
There is no cognizable grounds for a criminal prosecution in those circumstances.
There are also no cognizable grounds for Bob to deny paternity, or to bring a civil action against Alice. Bob will be ...
- 134k
4
votes
Accepted
Which state's laws determine guidelines for voluntary termination of parental rights?
Generally, in non-emergency situations, the state with jurisdiction over parenting issues related to children including relinquishment and adoption is vested in the courts of the "home state" of the ...
- 134k
4
votes
Accepted
What would happen if my girlfriend got pregnant?
From the legal perspective, the most important step is establishing legal paternity. IN Code 16-37-2-2.1 covers the process of establishing paternity via affidavit, which has to be executed in a ...
- 160k
4
votes
Accepted
Is there any jurisdiction, in which one can adopt an adult person?
Yes, this is legal in many US states, perhaps most. Search for "adult adoption". For instance, here is the procedure in Colorado. Also, another article on the topic.
Before the advent of same-sex ...
- 22.3k
4
votes
Accepted
Child Arrangements Order non-biological relative living arrangements
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 ...
- 134k
4
votes
Accepted
In the USA, may parents prevent their children from receiving gifts or acquiring owned property?
Probably
A valid gift requires:
Intention of donor to give the gift to the donee (donative intent)
Delivery of gift to donee.
Acceptance of gift by donee.
As the legal guardian, parent could ...
- 151k
4
votes
In the USA, do parents have the right to control their children's possessions?
Moderation note: this answer was merged from a duplicate question that focused on iowa
Overview
Minors in most US states can and do own property, and their parents have no automatic right to take that ...
- 92.8k
4
votes
Can a family member break into my room and can I take legal actions against it?
In Germany, there is no statutory offense of “breaking in”. Instead, break-ins are (depending on the nature of the crime) prosecuted as trespassing (Hausfriedensbruch, § 123 StGB), criminal damage (...
- 400
4
votes
Is it legal for a parent who is against vaccines to prevent their child from receiving the preventative vaccine against rabies?
I'm just asking what the legality is for parents to vaccinate their
children against rabies if they were bitten by an animal. Also, would
legal implications change if the animal that bit the child ...
- 134k
4
votes
Accepted
Would a Surrogate Parent's Right to Abortion Supersede Parental Rights?
Pursuant to well-established law in the US, the person carrying the fetus (conventionally, the mother) has the right to an abortion. Doing so might be a breach of contract. Some jurisdictions flat out ...
- 160k
4
votes
Is it legal for a parent to take items from their children
Yes
The child owns what they own - it would be illegal for the parent to take the item and dispose of it or otherwise permanently keep if from the child (once they became an adult).
However, parents ...
- 151k
4
votes
Accepted
Can NH physicians order an end to parental rights for refusal of treatment or evaluation?
No
To declare that a parent is "unfit" in the US requires at least a decision by a government agency (often called "child protective services" or "child welfare" ...
- 92.8k
3
votes
In the USA, do parents have the right to control their children's possessions?
A very specific case in CA is child actors. They are protected by California Code, Labor Code - LAB § 1308.9 and others. This involves setting up trusts for the child actor's wages to go into.
- 7,345
Only top scored, non community-wiki answers of a minimum length are eligible