Juvenile Law Questions & Answers by State
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Juvenile Law Questions & Answers
Q: What happens once a motion for modification if filed. Roughly how long does it take to get a court date after.
P. Justin Thrailkill's answer
Depends on the county, what you are modifying, and what the local standing order requires you to do before getting a hearing. Talk to a local attorney about this in more detail.
Depends on the county, what you are modifying, and what the local standing order requires you to do before getting a hearing. Talk to a local attorney about this in more detail.
Q: Need a lawyer regarding my 7 year old daughters school for incidents that have taken place. Wanting to know what to do.
1 Answer
| Asked
in
Education Law, Juvenile Law and Sexual Harassment
for
California
on
Answered on Oct 20, 2018
Answered on Oct 20, 2018
Angelina Bradley's answer
You need an attorney who specializes in Title IX work. Your daughter has certain rights that can be enforced through the Title IX process.
Do a search for “Title IX attorney San Francisco” and that should be a good place to start.
I’m sorry this is happening to you daughter. Good luck.
You need an attorney who specializes in Title IX work. Your daughter has certain rights that can be enforced through the Title IX process.
Do a search for “Title IX attorney San Francisco” and that should be a good place to start.
I’m sorry this is happening to you daughter. Good luck.
Q: Can I move out at 17 with parental consent?
1 Answer
| Asked
in
Appeals / Appellate Law, Child Custody, Domestic Violence and Juvenile Law
for
Florida
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Q: My special needs sonis being singled out, punished, threatened, and bullied athis school no one will help can u help?
1 Answer
| Asked
in
Family Law, Civil Rights, Education Law and Juvenile Law
for
Alabama
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Gary Kollin's answer
I am sad to read about this matter.
I am struck that you would follows anyone's recommendation to physically punish your special needs child. Have you ever attended your child's IEP review?
Have you ever sought out the independent ombudsmen who assist in these situations?
Have you accepted responsibility for that incorrect physical punishment?
You stated they threatened him with criminal charges. Is this what you learned from your child who in one breath you...
I am sad to read about this matter.
I am struck that you would follows anyone's recommendation to physically punish your special needs child. Have you ever attended your child's IEP review?
Have you ever sought out the independent ombudsmen who assist in these situations?
Have you accepted responsibility for that incorrect physical punishment?
You stated they threatened him with criminal charges. Is this what you learned from your child who in one breath you...
Q: I had a municipal marijuana charge in Missouri when I was 17 out of state and now I'm 18 but wasn't able to make it to
1 Answer
| Asked
in
Criminal Law, Traffic Tickets, Juvenile Law and Municipal Law
for
Minnesota
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Thomas C Gallagher's answer
If it's a question about a Missouri case, you could post the question under the appropriate Missouri category so that a Missouri lawyer will see it, and perhaps answer it for you. In case you weren't aware, this was posted in Minnesota, the wrong state for the question.
If it's a question about a Missouri case, you could post the question under the appropriate Missouri category so that a Missouri lawyer will see it, and perhaps answer it for you. In case you weren't aware, this was posted in Minnesota, the wrong state for the question.
Q: How can the court tell a parent they can not home school there child
Brent T. Geers' answer
Courts make decisions concerning minor children based on the 12 Best Interest of the Child factors. If a court determines that a parent's home school plan is contrary to the child's best interest, it can order the parents to place the child in a different educational environment. In the case where the parents are not together, the parent who refuses could end up losing legal custody - meaning that the other parent would be legally able to make all decisions concerning the child.
Courts make decisions concerning minor children based on the 12 Best Interest of the Child factors. If a court determines that a parent's home school plan is contrary to the child's best interest, it can order the parents to place the child in a different educational environment. In the case where the parents are not together, the parent who refuses could end up losing legal custody - meaning that the other parent would be legally able to make all decisions concerning the child.
Q: Can my girlfriend's parents keep us apart when she's having a kid and I'm the father?
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Juvenile Law
for
Kentucky
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Timothy Denison's answer
You can have your parents file a petition for you for custody when the child is born and set up a visitation schedule between you and the child but they can prevent you from seeing their daughter.
You can have your parents file a petition for you for custody when the child is born and set up a visitation schedule between you and the child but they can prevent you from seeing their daughter.
Q: I assume the maximum age of juvenile law is 18 but is there a minimum under which a child can't be prosecuted?
Sasha Dadan Bonna's answer
Competency plays a major role in whether the State Attorney's Office decides to prosecute a juvenile offender. I represent children who have been accused of crimes in my practice. If I think the child is to young, has a low IQ, an IEP plan, or has difficulty understanding the role of the judge, defense attorney and/or prosecutor, I will have them evaluated for competency.
Competency plays a major role in whether the State Attorney's Office decides to prosecute a juvenile offender. I represent children who have been accused of crimes in my practice. If I think the child is to young, has a low IQ, an IEP plan, or has difficulty understanding the role of the judge, defense attorney and/or prosecutor, I will have them evaluated for competency.
Q: Are any federal laws different than state laws when it comes to juvenile defendants?
Michael Arbeit's answer
Laws vary state to state and Federal Law can be completely different as well to a particular state in regard to a particular matter
Laws vary state to state and Federal Law can be completely different as well to a particular state in regard to a particular matter
Q: How can I help them?
1 Answer
| Asked
in
Family Law, Federal Crimes, Internet Law and Juvenile Law
for
Louisiana
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Douglas Lee Bryan's answer
There may be implications from both a criminal and child protection standpoint. I'd certainly recommend that your mother contact an attorney who is familiar with both criminal and family law matters.
There may be implications from both a criminal and child protection standpoint. I'd certainly recommend that your mother contact an attorney who is familiar with both criminal and family law matters.
Q: How can I motion the court about the custody of my children in Tennessee from MN? We are MN residents kids in dcs tn
1 Answer
| Asked
in
Child Custody, Family Law, Civil Rights and Juvenile Law
for
Tennessee
on
Answered on Oct 10, 2018
Answered on Oct 10, 2018
David C. Veazey's answer
You raise a lot of issues. Since you have a court-appointed attorney, you need to make use of that as best you can. If you believe the attorney is not representing you effectively, first try to schedule a time to meet with her. Bring up your concerns and ask her what you need to do to get your visitation back, and eventually custody. If after that meeting, you still feel that you and your attorney cannot see eye to eye, explain your concerns about her to the court, either at the next review...
You raise a lot of issues. Since you have a court-appointed attorney, you need to make use of that as best you can. If you believe the attorney is not representing you effectively, first try to schedule a time to meet with her. Bring up your concerns and ask her what you need to do to get your visitation back, and eventually custody. If after that meeting, you still feel that you and your attorney cannot see eye to eye, explain your concerns about her to the court, either at the next review...
Q: I am 15 and having a baby. Can I get emancipated if I have a stable home for me and my child?
Joseph Jaap's answer
No, Ohio does not allow emancipation in that circumstance. See this link.
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
If there are problems at home, talk to a teacher or other trusted adult.
No, Ohio does not allow emancipation in that circumstance. See this link.
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
If there are problems at home, talk to a teacher or other trusted adult.
Q: How can i go about emancipating my two teens?
Leonard Robert Grefseng's answer
You have to file a written request ( a "petition") with the local court clerk asking for this to be done. The other parent will have to also join in or at least be notified and receive a copy of the petition ( that is called "service of process"). Your question does not specify the ages of the "teens" but the court might not allow it if they are unable to support themselves. There are other remedies to control their behavior other then emancipation- perhaps they should go into state custody? A...
You have to file a written request ( a "petition") with the local court clerk asking for this to be done. The other parent will have to also join in or at least be notified and receive a copy of the petition ( that is called "service of process"). Your question does not specify the ages of the "teens" but the court might not allow it if they are unable to support themselves. There are other remedies to control their behavior other then emancipation- perhaps they should go into state custody? A...
Q: Can a juvenile in IL be charged with a felony if damage is under $600.00?
William Wolf's answer
You're asking a number of questions here. You really need to talk to a defense lawyer privately to get a more detailed response.
Can a juvenile in IL be charged with a felony if damage is under $600.00?
Yes. There's more than one way it could be charged to make it a felony, including a damage amount of $500.00 or more. Your lawyer would have to look at the document that charges you and the police reports to tell you either why it's a felony or why it could be charged as a...
You're asking a number of questions here. You really need to talk to a defense lawyer privately to get a more detailed response.
Can a juvenile in IL be charged with a felony if damage is under $600.00?
Yes. There's more than one way it could be charged to make it a felony, including a damage amount of $500.00 or more. Your lawyer would have to look at the document that charges you and the police reports to tell you either why it's a felony or why it could be charged as a...
Q: can i sue a child to go to school
William Wolf's answer
I would consult with an attorney with experience in Juvenile Court regarding what are called no fault dependency petitions and minors requiring authoritative intervention petitions. If it's that bad that you want to have the court system involved, then this may be the way to go to show that you're trying.
The problem in involving the courts is that they may make decisions about custody on a temporary or permanent basis that you may not like. Once the ball gets rolling, you can't stop...
I would consult with an attorney with experience in Juvenile Court regarding what are called no fault dependency petitions and minors requiring authoritative intervention petitions. If it's that bad that you want to have the court system involved, then this may be the way to go to show that you're trying.
The problem in involving the courts is that they may make decisions about custody on a temporary or permanent basis that you may not like. Once the ball gets rolling, you can't stop...
Q: So my daughter's Stepmom wants to get charges on her. My daughter called her sister and left a message saying she was
Gary Kollin's answer
Sounds like your daughter did not call you. That is strange.
You know all your information through hearsay.
Why are you waiting around if youo are ACTUALLY concerned that your daughter is facing or suffering from physical harm.
It is now 14 days later.
You have the right to contact authorities including the child abuse hotline
Sounds like your daughter did not call you. That is strange.
You know all your information through hearsay.
Why are you waiting around if youo are ACTUALLY concerned that your daughter is facing or suffering from physical harm.
It is now 14 days later.
You have the right to contact authorities including the child abuse hotline
Q: Hi I am a mother of a 17 year old
William Wolf's answer
There's not enough information here to answer your question. A motion to lift a stay of what?
I would either contact the lawyer who represented him in the first place, or contact a criminal defense lawyer for a private consultation to discuss your son's issues to discuss the best option for your son.
Good luck to you.
There's not enough information here to answer your question. A motion to lift a stay of what?
I would either contact the lawyer who represented him in the first place, or contact a criminal defense lawyer for a private consultation to discuss your son's issues to discuss the best option for your son.
Good luck to you.
Q: what can i do about false or mislading statemnts given under oath by social worker to supreme court of ca
1 Answer
| Asked
in
Appeals / Appellate Law, Child Custody, Civil Rights and Juvenile Law
for
California
on
Answered on Sep 29, 2018
Answered on Sep 29, 2018
Donald Arthur Hilland's answer
How do you know the statements are false or misleading? What is your proof that the statements are false or misleading? Are you a party to the child custody case? Or are you simply someone who knows the truth? There are too many uncertainties in your question. Filing documents with the supreme court is like every court, except that you probably have to file online, but more and more courts are doing that anyway. But remember there are strict time limits for filings. Of course, there also...
How do you know the statements are false or misleading? What is your proof that the statements are false or misleading? Are you a party to the child custody case? Or are you simply someone who knows the truth? There are too many uncertainties in your question. Filing documents with the supreme court is like every court, except that you probably have to file online, but more and more courts are doing that anyway. But remember there are strict time limits for filings. Of course, there also...
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