Family Law Lawyer Colorado Springs on Children’s RightsBy Family Law Lawyer Colorado Springs
Family Law Lawyer Colorado Springs
Family Law Lawyer Colorado Springs on Children’s Rights
One of the primary focuses of family law is children. The term child refers not only to minors, but also includes adult children. The Department of Health and Human Services administers the Children’s Bureau, which deals with “all matters pertaining to the welfare of children and child life among all classes of our people.” (42 U.S.C., Ch. 6, § 192) The Child Abuse Prevention and Adoption Reform Act (42 U.S.C., Ch. 67) also grants the Secretary of Health and Human Services the power to create an Office of Child Abuse and Neglect. This office is responsible for coordinating government agencies connected with child abuse and neglect say Family Law Lawyer Colorado Springs. The Act also strives to remove obstacles that stand in the way of families who wish to adopt foster children.
A child may go through the legal process of emancipation—where a person below the age of majority gains specific rights, similar to those granted to adults, and becomes free of control or authority of his or her parent or legal guardian. The rights granted to emancipated minors vary by jurisdiction and may be partial or complete. In some instances, parental consent is needed to achieve emancipation, and in others permission from a court is necessary. In the United States, a child under the age of 18 can generally be considered emancipated, no longer under parental control, for three main reasons: legal marriage, demonstrated financial independence, or military service. Short of that, most teenagers can only claim disgruntlement explains Family Law Lawyer Colorado Springs. This is the sort of legal emancipation enjoyed by child actors, singers, models and other professional performers. Under many child labor laws, these talented children must allow an adult to handle their financial affairs until they reach adulthood. Unfortunately, some parents have been known to take advantage of their child’s good fortune and spend the income on themselves. By seeking legal emancipation, a working child can be considered an adult when it comes to matters of contracts and financial dealings.
Grandparent rights are governed primarily by state statutes and case law, and may vary significantly between states. Grandparents seeking to establish custody or visitation rights should consult the laws of their individual state before proceeding say Family Law Lawyer Colorado Springs. Events such as divorce or separation may divide a family, and may cause a parent to limit a grandparent’s contact with his or her grandchildren. Grandparents seeking to maintain or reestablish visitation with grandchildren are encouraged to resolve the situation without resorting to legal action.
Best Interest of the Child Standard
Those who follow the case law on the interesting subject of taking children from natural parents for the benefit of third parties will have noted that in recent years the appellate courts have generally followed the national policy that it takes far more than mere “best interest of the child” to do this, and that courts have generally followed the nationwide rule requiring unfitness, abandonment, or extraordinary circumstances threatening the welfare of the child explains Family Law Lawyer Colorado Springs.