Juvenile Law Questions & Answers by State
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Juvenile Law Questions & Answers
Q: If a 17 year old had intercores with a 14 year old while he was 16, what would happen?
Terrence H Thorgaard's answer
" ... The age of consent in Texas is 18 under section 43.25(b) of title 9,[89] with a two-year close-in-age exception. ..."
Thus it is possible that the older one could be prosecuted See https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Texas
" ... The age of consent in Texas is 18 under section 43.25(b) of title 9,[89] with a two-year close-in-age exception. ..."
Thus it is possible that the older one could be prosecuted See https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States#Texas
Q: My 17 year old son was cited for rolling through a stop sign.
Matthew Williams' answer
The fine is a virtual certainty. The license suspension is a possibility. Ohio's juvenile courts have become sort of suspension happy when it comes to juvenile traffic offenses.
The fine is a virtual certainty. The license suspension is a possibility. Ohio's juvenile courts have become sort of suspension happy when it comes to juvenile traffic offenses.
Q: What can be done to get financial aid for at girl who is 15-16 and pregnant by a 18 year old boy, the girls mother is in
Julie A. Rice's answer
Apply for social security benefits, welfare, etc. and talk to child services to see what other benefits you are eligible for. Don't worry about statutory rape. If that is even on the table, then it's the 18 yr. old's problem, not yours.
Apply for social security benefits, welfare, etc. and talk to child services to see what other benefits you are eligible for. Don't worry about statutory rape. If that is even on the table, then it's the 18 yr. old's problem, not yours.
Q: I will like to give up my rights to my son I dont know were to start he been in and out of mental institutions since the
Julie A. Rice's answer
If you want him to become a ward of the state, then you should talk to his case worker and they should be able to lead you in the right direction. A note of warning: This may not work. You may need to find someone to adopt him if the State does not agree to take full custody and guardianship of your son.
If you want him to become a ward of the state, then you should talk to his case worker and they should be able to lead you in the right direction. A note of warning: This may not work. You may need to find someone to adopt him if the State does not agree to take full custody and guardianship of your son.
Q: Could my boyfriend of 18 move from Alabama and live with me in Ohio without parental consent?
Matthew Williams' answer
If the age of majority in Alabama is 19 then his mother could take legal action to return him, if he moves out.
If the age of majority in Alabama is 19 then his mother could take legal action to return him, if he moves out.
Q: Can I enter a residential rehab program for single mothers with children if my kids father has temp. Custody thru dfacs
Julie A. Rice's answer
You have to take this up with DFACs. I have never heard of such a program when the children are with the other parent. Maybe this program you should enter just for yourself and get help as that is what DFACs is going to support. I don't think you are going to have any luck taking your children to a program if the father has custody and is taking good care of the kids. Check with DFACs. You can always challenge the DFACs decision through the courts but you need a private attorney and...
You have to take this up with DFACs. I have never heard of such a program when the children are with the other parent. Maybe this program you should enter just for yourself and get help as that is what DFACs is going to support. I don't think you are going to have any luck taking your children to a program if the father has custody and is taking good care of the kids. Check with DFACs. You can always challenge the DFACs decision through the courts but you need a private attorney and...
Q: what is the Georgia threshold for children settlements? Over what amount do you have to settle in court for a trust fund
1 Answer
| Asked
in
Family Law, Personal Injury and Juvenile Law
for
Georgia
on
Answered on Mar 20, 2016
Answered on Mar 20, 2016
Julie A. Rice's answer
You will want to see the advice of a Probate Attorney (or a trust attorney) and give them your specific situation and they can give you the exact dates. If you don't know such an attorney, then you may want to contact the Atlanta Bar Referral Service and their website is as follows:
http://www.atlantabar.org/?lrishome
You will want to see the advice of a Probate Attorney (or a trust attorney) and give them your specific situation and they can give you the exact dates. If you don't know such an attorney, then you may want to contact the Atlanta Bar Referral Service and their website is as follows:
http://www.atlantabar.org/?lrishome
Q: Can i file for emergency temporary custody in colorado if my 13 year old sons father has been keeping me from him for 4
Tristan Kenyon Schultz's answer
It sounds like you have a strong claim for an emergency custody modification based on concerns for the health/safety of the child. Your local courthouse will have resources to assist you, but I recommend that you contact a lawyer - modifications are rather technical hearings.
It sounds like you have a strong claim for an emergency custody modification based on concerns for the health/safety of the child. Your local courthouse will have resources to assist you, but I recommend that you contact a lawyer - modifications are rather technical hearings.
Q: Was the courts. In the wrong to bring up my illness and my criminal record regarding me being able to care for my kids ?
Matthew Williams' answer
No, the courts can consider anything relevant when deciding what to do for a child's welfare.
No, the courts can consider anything relevant when deciding what to do for a child's welfare.
Q: If a 13 year old girl wants to have to have sex with a 16year old but there is no assault involved is it ok and
Matthew Williams' answer
No, it is not OK. This has to be the stupidest thing either of these kids of ever thought of. Ohio's laws do not punish a bit of teenage experimentation. It is illegal for anyone to have sex with a person under 13 and for an adult (a person 18 or older) to have sex with a person under 16. Thus, it is not illegal for a two teenagers who are at least 13, but not yet 18, to have sex. That doesn't make it a good idea. It's a terrible idea.
No, it is not OK. This has to be the stupidest thing either of these kids of ever thought of. Ohio's laws do not punish a bit of teenage experimentation. It is illegal for anyone to have sex with a person under 13 and for an adult (a person 18 or older) to have sex with a person under 16. Thus, it is not illegal for a two teenagers who are at least 13, but not yet 18, to have sex. That doesn't make it a good idea. It's a terrible idea.
Q: Can my daughter's last name change?
Gary D. Godman's answer
To change the child's name, she would have to petition the court for permission. You would be given an opportunity to appear at a hearing to state your objections. The ex would have to prove that a name change is in the child's best interests.
To change the child's name, she would have to petition the court for permission. You would be given an opportunity to appear at a hearing to state your objections. The ex would have to prove that a name change is in the child's best interests.
Q: Im 16, Can i move out at 17?
Mr. Michael O. Stevens' answer
Review this handbook as to emancipation and other rights: http://www.mbabar.org/assets/documents/resources/juvrights.pdf
Review this handbook as to emancipation and other rights: http://www.mbabar.org/assets/documents/resources/juvrights.pdf
Q: What can i do about my 16 yr old daughter runaway from home and dropping out of school?
1 Answer
| Asked
in
Education Law, Family Law and Juvenile Law
for
Georgia
on
Answered on Mar 10, 2016
Answered on Mar 10, 2016
Julie A. Rice's answer
That is truant behavior and your daughter will find herself in the juvenile court system as a truant. It will vary what may or may not happen to her in terms of punishment. If she hasn't violated any other laws, then she simply may be sent back home. If she ends up committing other crimes (auto theft, shoplifting, etc.), then she the punishment will fit the crimes that are committed. Try to communicate with your daughter, have family and friends help, etc. as there are many things outside...
That is truant behavior and your daughter will find herself in the juvenile court system as a truant. It will vary what may or may not happen to her in terms of punishment. If she hasn't violated any other laws, then she simply may be sent back home. If she ends up committing other crimes (auto theft, shoplifting, etc.), then she the punishment will fit the crimes that are committed. Try to communicate with your daughter, have family and friends help, etc. as there are many things outside...
Q: Does illegal entry have to be proven in auto burglary case, (TCA 39-14-402? Can a finders-keepers defense be use?
Eugene L. Belenitsky's answer
It appears that your grandson admitted to possessing a camera linked to a break in of a vehicle. You can help him by getting a lawyer to defend him. His story needs to be developed and evaluated against the State's proof. It may be that the car was broken into by someone else. Speak with a lawyer right away about getting your grandson some help. Good luck.
It appears that your grandson admitted to possessing a camera linked to a break in of a vehicle. You can help him by getting a lawyer to defend him. His story needs to be developed and evaluated against the State's proof. It may be that the car was broken into by someone else. Speak with a lawyer right away about getting your grandson some help. Good luck.
Q: My 15 yr old step daughter left to go live with her bio mom. She got pregnant by a 20 yr old. What can we do?
Matthew Williams' answer
CPS and the police are both options, but you may want to try to work this out between the families first. Once you get the authorities involved, it can be hard to get rid of them.
CPS and the police are both options, but you may want to try to work this out between the families first. Once you get the authorities involved, it can be hard to get rid of them.
Q: Would a minor be penalized if they refused to be breathalyzed when leaving the premises of a building?
Tristan Kenyon Schultz's answer
This is not a legal requirement, but apparently a local school policy (I assume it is not a district policy). It is possible that testing before entry in legal (under the logic that this is a private event), but this is open to a lot of interpretation. As for the testing before leaving, that seems rather questionable. I don't know what the penalties are: baring re-entrance seems reasonable, but having penalties carry beyond the event is very questionable. I would contact the principal for...
This is not a legal requirement, but apparently a local school policy (I assume it is not a district policy). It is possible that testing before entry in legal (under the logic that this is a private event), but this is open to a lot of interpretation. As for the testing before leaving, that seems rather questionable. I don't know what the penalties are: baring re-entrance seems reasonable, but having penalties carry beyond the event is very questionable. I would contact the principal for...
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