Family Law
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and ...
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Alimony
Alimony, also called aliment (Scotland), maintenance (England, Republic of Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian. Etymology The term alimony comes from the Latin word , from . Also derived from this word are the terms alimentary , and aliment . History The Code of Hammurabi (1754 BC) declares that a man must provide sustenance to a woman who has borne him children so that she can raise them: : 137. If a man wish to separate from a woman who has borne him children, or from his wife who ha ...
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Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, " residence" and " contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the conce ...
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Annulment
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, , pp. 33–34 Void vs voidable marriage A difference exists between a '' void marriage'' and a ''voidable marriage''. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void '' ab initio''. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the marriage was voided. Under the laws of most nations, children born during ...
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Status Offense
A status offense is an action that is prohibited only to a certain class of people, and most often applied only to crimes committed by minors. In the United States, the term status offense also refers to an offense such as a traffic violation where motive is not a consideration in determining guilt. In the United Kingdom and Europe, this type of status offense may be termed a regulatory offence or strict liability offence. Usage Definitions of status offense vary. A neutral definition may be " type of crime that is not based upon prohibited action or inaction but rests on the fact that the offender has a certain personal condition or is of a specified character." The United States Federal Sentencing Guidelines, for instance, states that a juvenile status offense is a crime which cannot be committed by an adult. For example, possession of a firearm ''by a minor'', by definition, cannot be done by an adult. In some states, the term "status offense" does not apply to adults at all ...
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Juvenile Delinquency
Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior younger than the statutory age of majority. These acts would be considered crimes if the individuals committing them were older. The term delinquent usually refers to juvenile delinquency, and is also generalised to refer to a young person who behaves an unacceptable way.Most importantly they lack social support. In the United States, a juvenile delinquent is a person who commits a crime and is under a specific age. Most states specify a juvenile delinquent, or young offender, as an individual under 18 years of age, while a few states have set the maximum age slightly different. The term "juvenile delinquent" originated from the late 18th and early 19th centuries when the treatment of juvenile and adult criminals was similar, and punishment was over the seriousness of an offense. Before the 18th century, juveniles over age 7 were tried in the same criminal court as adults a ...
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Emancipation Of Minors
Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children to legally make certain decisions on their own behalf. Depending on jurisdiction, a child may be emancipated by acts such as child marriage, attaining economic self-sufficiency, obtaining an educational degree or diploma, or military service. In the United States, all states have some form of emancipation of minors. Even without a court proceeding, some jurisdictions will find a minor to be emancipated for purposes of making a decision in the absence of the minor's parents or guardians. For example, a child in most jurisdictions can enter into a binding contract to procure t ...
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Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved. Adjudication can also refer to the processes at dance competitions, in television game shows and at other competitive forums, by which competitors are evaluated and ranked and a winner is found. Legal processes Adjudication may be defined as "the legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved; it may be equivalent to a determination. It indicates that the claims of all the parties there to have been considered and set at rest." In some case ...
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Paternity Law
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support. Under common law, a child born to a married woman is presumed to be the child of her husband by virtue of a "presumption of paternity" or presumption of legitimacy. In consideration of a possible non-paternity event (which may or may not include paternity fraud) these presumptions may be rebutted by evidence to the contrary, for example, in disputed child custody and child support cases during divorce, annulment or legal separation. In the case of a father not married to a child's mo ...
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DNA Paternity Testing
DNA paternity testing uses DNA profiling, DNA profiles to determine whether an individual is the biology, biological parent of another individual. Paternity testing can be essential when the rights and duties of the father are in issue, and a child's Father, paternity is in doubt. Tests can also determine the likelihood of someone being a biological grandparent. Though genetics, genetic testing is the most reliable standard, older methods also exist, including blood type, ABO blood group typing, analysis of various other proteins and enzymes, or using human leukocyte antigen antigens. The current paternity testing techniques are polymerase chain reaction (PCR) and restriction fragment length polymorphism (RFLP). Paternity testing can now also be performed while the woman is still pregnant from a blood draw. DNA testing is currently the most advanced and accurate technology to determine parentage. In a DNA paternity test, the result (called the 'probability of parentage) is 0% whe ...
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Family
Family (from ) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictability, structure, and safety as members mature and learn to participate in the community. Historically, most human societies use family as the primary purpose of Attachment theory, attachment, nurturance, and socialization. Anthropologists classify most family organizations as Matrifocal family, matrifocal (a mother and her children), patrifocal (a father and his children), wikt:conjugal, conjugal (a married couple with children, also called the nuclear family), avuncular (a man, his sister, and her children), or Extended family, extended (in addition to parents, spouse and children, may include Grandparent, grandparents, Aunt, aunts, Uncle, uncles, or Cousin, cousins). The field of genealogy aims to trace family lineages through history. Th ...
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Child Neglect
Child neglect is an act of caregivers (e.g., parents) that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physical, emotional, social, educational, and safety needs. All societies have established that there are necessary behaviours a caregiver must provide for a child to develop physically, socially, and emotionally. Causes of neglect may result from several parenting problems including mental disorders, unplanned pregnancy, substance use disorder, unemployment, over employment, domestic violence, and, in special cases, poverty. Child neglect depends on how a child and society perceive the caregiver's behaviour; it is not how parents believe they are behaving toward their child. Parental failure to provide for a child, when options are available, is different from failure to provide when options are not available. Poverty and lack of resources are often contributing fa ...
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Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ...
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