Family LawChapters 32-35

Parents & ChildrenChapter 32

Responsibilities Between Parents and Children

Supporto Supporting minor children is the most basic form of

parental responsibilityo Basic necessities

• Food• Clothing• Shelter • Education• Medical Care

Emancipationo Children are set free from the legal control and custody

of their parentso Normally takes place when the child reaches the age of

18o May also occur when the child

• Gets married• Joins the military• Becomes self-supporting• Petitions the court

Family Responsibility Laws

These laws require adult children to care for elderly parents.

Education All children have the right to a free public school

education through the 12th gradeo Private schools are okay too

Parents who allow their children to be truant (absent from school) my be fined or arrested

Parents are not legally required to pay for college tuition

Medical Care Parents have a duty to protect and supervise their

children’s healtho Proper medical treatmento Proper dental care

Parents usually have to give permission for their child to receive medical and/or dental treatments

Doctors can act without permission in life-threatening situations

Care and Supervision Parents can decide what’s best for their children

as long as they don’t neglect or abuse them. There are no number of hours required for

parents to spend with their children.

Discipline Parents have a legal right and a duty to supervise

their children Children have a responsibility to obey their

parents.o They don’t have to obey them if they are asking the

child to do something dangerous or illegal Children who continually disobey their parents or

run away from home may be charged as status offenderso PINS – Person In Need of Supervisiono CHINS – Child in Need of Supervisiono MINS – Minor in Need of Supervision

Parental Responsibility for Children’s Acts

Parents who fail to exercise proper supervision and control over their children may be held legally responsible for their children’s acts.

All states hold parents civilly liable for certain acts of their minor childreno Property damageo Thefto vandalism

Contributing to the Delinquency of a Minor can occur when a parent encourages their child to do something illegal

Parents are legally responsible for harm caused by their childreno Family Car Doctrine makes parents responsible for any

damage caused by any driver in the family car Earnings and Employment

o Legally, children may keep only the wages their parents want them to keep

o Parents cannot use other money that legally belongs to their children• Trust funds or inheritance funds set up by others for the child

Child Abuse and Neglect

Abuse occurs when an adult or other care provider inflicts or threatens to inflict intentional harmo Physicallyo Emotionallyo Sexually

Neglect occurs more frequently than abuse

Sexual Abuseo Child usually knows the abuser

• Family member• Family friend• Child care worker• School employee

o Sexual abusers prey on a child’s• Obedience• Trust• Embarrassment

o Abusers often use threats to keep the child from reporting the incident

Legally, anyone who suspects abuse of a minor child is bound to report it to the authorities.

Foster care and adoption

Chapter 33

Foster parents are people who, at the direction of the court or government agency, care for minors who are not their birth children.o Usually they are paid to care for the child

Adoption is the legal process by which an adult or adults become the legal parent(s) of another person.o Set up through public or private agencies

Surrogate Mother is a woman, other than the man’s wife, who will carry his child so he and his wife may have children

Separation, Divorce, and

CustodyChapter 34

Marriage Problems Common problems in marriages are

o In-law troubleo Trouble with relativeso Job/career pressureso Adulteryo Conflicts about raising childreno Sexual Problemso Lack of communicationo Financial problemso Addictions

Marriage counselors can be helpful in working through these types of problems

Separation and Divorce

Separation – a couple decides to live apart temporarilyo Separation agreement is a written document that sets

out the couple’s understanding on alimony, child custody, support, division of property and so forth• Once signed by both people, it’s a binding contract

Divorce – a couple decides to live apart permanentlyo Today, about ½ of all marriages end in divorceo This may change the relationship, but it will not end it if

there are children involved.o Divorce is not easy emotionally or financially

• Today, some states allow Pro se, or do-it-yourself, divorces. These kits are sold in bookstores, online, etc.

• Most states will not allow pro se divorces if underage children are involved.

Old School Divorceso Used to, divorces would only be granted if one of the

following could be proven• Adultery• Desertion• Mental Cruelty• Physical Cruelty• Insanity

Divorces Todayo Can be granted without proving any of the above by

claiming• No-fault Divorce with irreconcilable differences – basically,

the couple doesn’t get along anymore and they’re tired of trying.

Child Custody Most of the time, children remain with the mother

– she has custody – and the father has visitation rights.o These rights vary according to the circumstances

Joint Custodyo Both parents make the decisions regarding the childreno The children can live part-time with each parent

Tender Years Doctrine – the old belief that younger children are better off with the mother

Best Interest of the Child is considered more by today’s courts. They take into accounto Kid’s actions in the home, school, & communityo Emotional and economic stability of the parentso Each parent’s religiono Which parent has stronger bonds with the child(ren)o Which parent has been the primary care providero The opinion of the child(ren) if they are old enough to

understand what’s happening

Alimony, Property Division, and Child Support

Alimony can be paid by the man or woman to help cover expenses after a divorceo It’s based on needo Rehabilitative Alimony can be paid to help a spouse who

has not worked regain job skills to support themselves after the divorce

Property division depends on the laws in the stateo Separate propertyo Joint propertyo Community property

Child Custodyo Usually the parent without custody pays child support to

the parent who does have custody

Government Support for Families and Individuals

Chapter 35

Economic Benefits for Individuals and Families

Social Securityo Retirement Benefits - workers 65+ may retire and

receive a monthly Social Security check. Spouses and children may also be eligible

o Disability Benefits – Workers who are blind, injured, or too ill to work can receive monthly checks if the disability is expected to last at least 12 months or to result in death. Again, spouses and children may also be eligible

o Survivor’s Benefits – When workers die, their families become eligible for payments

Supplemental Security Income (SSI)o Provides money for needy aged, blind, and disabled

people Welfare

o Temporary Assistance to Needy Families (TANF)• May only receive aid for 2 years• Must work or go to training 20 hours/week• Child care is paid for• May get 1 year of health care• Total limit of TANF benefits per family is five years

Food Stampso Pays for food only – paper and non-food items must be

paid for in cash Earned Income Tax Credits

o Available to families with children who’s income is below a certain level

Tax Credits for Families with Childreno Families can get credit for child care expenses.

Housing Assistanceo Government operated housing projectso Direct payments for portions of rento Low-interest loans

Mortgage Interest Deductionso People can claim the amount they paid in interest on

their homes as a deduction

Health Benefits Medicare

o Medical care for the elderly Medicaid

o Medical care for the poor and disabled

Educational Benefits Free public education

o Elementary and secondary schools Colleges and Universities

o Public post-secondary facilities that are ‘low cost’ for state residents

o Grants that do not have to be repaid but are income based• Pell Grants• Supplemental Educational Opportunity Grants• Work-study Program

o Available Loans• Stafford Loans• PLUS Loans (for parents)• Perkins Loans