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New York Juvenile Law Questions & Answers
1 Answer | Asked in Civil Rights, Education Law, Family Law and Juvenile Law for New York on
Q: I'm 18 and I want to go to school in a different state without my parents?

I'm 18 years old and I'm a junior. I live in NY. My sister lives in SC. She wants me to move to SC and finish school there. My parents are totally okay with that. But my question is is there a way I can go to school there without my sister taking custody of me or a legal guardian? After... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 25, 2017

If you're 18, you're legally considered an adult, and nobody can "take custody" of you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Juvenile Law for New York on
Q: Under what circumstances can a minor sign a legally binding contract?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

For necessaries, if they're emancipated, if they have a cosigner: there are various possibilities. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Juvenile Law and Criminal Law for New York on
Q: Is it legal to receive oral intercourse from a 15 year old if your 18

A girl 15 year old was asking about oral sex a buddy of mine wanted to know about the legal issues with that. Hes 18

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 19, 2017

No. See: http://ypdcrime.com/penal.law/article130.htm

More details are necessary to provide a professional analysis of your issue. 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 Civil Rights, Education Law and Juvenile Law for New York on
Q: Is it legal (NY) for a police officer to examine and question a minor (13 years) without parent consent or presence?

My 13 your old son was at school complaining of headaches and was sent to the nurse's office. When examined by the nurse, his eyes weren't reactive to dilation. A police officer was called in and examined my child and further questioned him about drug use (was he taking drugs?, etc.) I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

This sounds legal. Your child should be familiarized with his civil rights. See: https://www.aclu.org/issues/free-speech/student-speech-and-privacy

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney....
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2 Answers | Asked in Criminal Law and Juvenile Law for New York on
Q: can a school lock a 14 year old in a room and intaragate him with out a parent there
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

I see no legal basis to lock a child in a room unless he's being temporarily held for community safety pending police investigation of a alleged crime. Schools are permitted to question children students, and kids certainly can invoke their Miranda rights. More details are necessary to provide... View More

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1 Answer | Asked in Juvenile Law for New York on
Q: At what age can I petition for emancipation from my parents?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

See: http://www.nycourts.gov/CourtHelp/Family/emancipatedChild.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and...
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1 Answer | Asked in Family Law, International Law, Juvenile Law and Municipal Law for New York on
Q: I am 17 and joined a semi porn site (18-up.) Met a guy and in confidentiality told him I was 17 almost 18.

We sent dildos. (Never naked pics) And I wrote him a colorful story (sex story.) Eventually, I tell him I'm uncomfortable and need space. So he gets the staff involved and they said they want to track my ip, let me parents aware, and take legal action. What do I do? And he's crazy. What... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You may have violated the Terms of Use of the site, which may be considered fraud and breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

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 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 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 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 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: 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 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 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 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 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 Criminal Law for New York on
Q: If you're pregnant and your boyfriend is 7 months older than you can he go to jail?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

If you're underage and statutory rape is proven. 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 Criminal Law and Juvenile Law for New York on
Q: Can i hit a 14 year old if im 17?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

You can't hit anybody, regardless of your age. Hitting a minor makes it aggravated assault rather than simple assault, and thus it's a more serious crime. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: My wife and I want to take legal responsibility for our 13 year old niece.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

It depends on what you mean by "legal responsibility". If you want a guardianship or adoption, you'll have to file for that. A child can only be adopted after the parental rights are terminated. The best first step is an Initial Consultation with an Attorney. You can read more about... View More

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