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New York Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: If our 17 year old boy runs away with his 16 year old girlfriend, can her parents have him charged with kidnapping?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It may be considered kidnapping and/or contributing to the delinquency of a minor, but it depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Juvenile Law and Family Law for New York on
Q: Im 17 years old can my mom have parental consent over if im allowed to go to prom or not??
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

If you're a minor, parents can limit your rights. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in... View More

1 Answer | Asked in Internet Law and Juvenile Law for New York on
Q: I think I may have evidence that my parents are spying on me through the internet. What are my privacy rights if I'm 18?

So I have been talking to my parents, especially my father, lately and they oddly mention specific details about my day sometimes. For instance, I did not go to my last period in school the other day and my dad somehow knew where I was, and what I was doing, and essentially repeated details I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

You have privacy rights as an adult, which they may be breaching. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: Can a writ of prohibition or mandamus be used?

A family court judge placed three children who were confirmed abused by a parent and guardian in a central registry of child abuse and neglect. state report back into the home of the abusers( one is not the biological parent and has no matrimonial ties to the mother). According to the report... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It depends on what you want to accomplish here. Your question is vague. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... View More

1 Answer | Asked in Juvenile Law for New York on
Q: Kicking out a 17 year old because pregnant

I have a friend who is pregnant and her mother kept forcing her to get an abortion but she doesn't want to (she had one in the same year and its dangerous for her) her mother then said that if she doesn't get an abortion she will have to leave. Is this legal? She's only 17 and with child.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

She can contact child protective services. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for New York on
Q: How long can a facility...hospital hold my 14 year old. Her counselor had made a call to have her taken and evaluated?

I'm in New York State. My 14 year old was taken from school to the hospital to be elvauated. Her counselor was concerned and made the call. She's at Four Winds Hospital in Saratoga, NY. She wrote down that she'd rather be dead then go back to her fathers. With all my heart I do not... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

She may presently be considered a temporary ward of the state. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and... View More

1 Answer | Asked in Juvenile Law for New York on
Q: I am turning 19 and I'm looking to become emancipated from my parents.

My parents earn only about $20,000 annually and are therefore on Medicaid. Although they are barely earning any money, they are still so close to the cutoff amount that if I go to work they will lose their government benefits. I live with them, I'm a full-time student at a community college... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

At 18, you're an adult, "emancipated" as it were. You can technically decide to move out on your own. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: are police allowed to interrogate a student in school without a parent for something not related to domestic violation

Utica police interrogated my son at Utica city school district for a pushing incident after his life was threatened by another student. no parent was notified of police involvement and was given police paperwork and sent home.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

That is typical and permitted. Your son should know his Miranda rights. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... View More

1 Answer | Asked in Health Care Law and Juvenile Law for New York on
Q: If a parent goes to the pharmacy and requests a printout

If a parent goes to the pharmacy and requests a printout of all the prescriptions that her child has received over the year, can the parent be denied access based on the child's age. If so what is the minimum age that the child has to be for this to happen?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

See: https://www.hhs.gov/hipaa/for-professionals/faq/227/can-i-access-medical-record-if-i-have-power-of-attorney/index.html?language=es

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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1 Answer | Asked in Juvenile Law for New York on
Q: A 12 and 14 year old dating ?

My sister is 12 years old and her birthday is December 28, 2003 and her boyfriend is 14 years old and his birthday is March 20, 2001.... He'll be turning 15 soon. Is it okay that their dating ?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

If there are no sexual relations between them (which are illegal for minors), then I see no problem, but it depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: My 13yr old daughter and two other minors were arrested for shoplifting. This is first problem with the law.

The charge is petty larceny. I don't have any knowledge of the other minors charges or records. She lives with her mother and we have a very good relationship. I am married with children and my wife and I have serious health issues and my troubled daughters mother would be hard pressed... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Yes, the child needs a lawyer. Perhaps there is a diversion program in your jurisdiction for shoplifting offenses.

1 Answer | Asked in Juvenile Law for New York on
Q: can you get emancipated at the age 16 in new york if you have proof or feel that you are not wanted by your parent
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 4, 2015

http://www.lawny.org/index.php/family-self-help-140/other-family-law-self-help-75/142-emancipation

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: My family and children are being targeted by child protective services and a private citizen can you help

Our personal way of life ,religious beliefs and the way we raise our children is being targeted and scrutinized by cps and a private citizen .We feel like we are under attack and that we have no way to protect ourselves or our children

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2015

No. We in this nation have taken a stand against domestic violence such that we have to watch our every step to avoid being falsely accused and arrested/prosecuted. We cannot beat our kids or else we lose them. The only way to harass and annoy someone in American today is to use the legal system... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: How much is a minor involved in the choosing of a foster home for themselves? What are the factors of this involvement?

If a minor's family was ruled unfit to care for them and that minor had to be placed in a foster home in a temporary or permanent manner, how much would the child be involved in the process of choosing a foster family and evaluating potential candidates? Is it dependent on the age of the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 6, 2015

I suppose that the best person to answer this would be the court itself or the case worker.

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