Since there is the "parens patirae doctrine" which allows an intervention by the government. is this still the case when the parent's come to court n the child's welfare isn't a threat or in danger, or does the judge still act as the parent??
204570
There are a number of situations where a juvenile can go to the court and get the judge to approve something, rather than going to their parents. The most traditional is emancipation, where the court acknowledges the minor is mature enough to leave home and be legally distinct from the parents. \n\nThis concept has also come up with many health-related laws, where a minor can get the court's approval for certain medical procedures, if they are scared of their parents' reaction. The judge is sometimes empowered to authorize the procedure based on the child's mature decision, even absent parental approval.\n\nEach state's laws are different. Check your local listings.
455992
If I were the judge, I would question the father's judgement in allowing a child to be exposed to someone with a communicable disease. Therefore, I would state that for the time being, the father should only have supervised visits with the child as a form of punishment. After that, I would require the father to provide the court with a list of approved babysitters who could look after the child in the future. I might even require that the father attend mandated parenting classes as well.
397187
Things have to be pretty bad for kids to be taken out of the parents care and if there is abuse or neglect involved, yes eventually they can.
419126
As a minor, you should have an advocate assigned to you. Petition the judge with a politely written letter.\n\nThe situation is not easy, and in many states Child services is a chronic scandal occasionally rising to the level of criminality.
371399
"Any thoughts on family law. Advise please!? My question is in regards to visitation, child support and child's well-being.  My 5 yr old son's father used to be very regular on child support payments and visitation. 2 years ago I remarried and began going to counselling because of problems with or son. In this time we discovered he had a problem with transitions. We got my son's father to come to a meeting and he agreed to help anyway he could. About year ago, he decided to take on a new job which was supposed to pay off some debt he had. His visitation became less frequent and payments started becoming late. I confronted him on his decision as my son was already getting very upset about less visitation, Plus he was acting out. Then last April he went on a trip for a month overseas. He kept up his payments but his visitation was getting worse.Now both visitation and payments are declining. He is not phoning to say he can't make it my son is very upset. What can I do from a legal standpoint? What are my son's rights? Thank you."\n\nThere is no quick answer to your question.\n\nYou have two separate issues that are not really related in the eyes of the law.\n\nFirst, there is the problem of irregular visitation by the non-custodial parent and the impact it has on your child.  Unfortunately, there's nothing the Court can do about that and as you already know, you'll be challenged in your own attempts to deal with it.\n\nLet me stress that in response to your amplification on the question (here and elsewhere): There is nothing you can do in a legal forum to make a dad a better dad.  If you feel that your child's interaction with his father is detrimental to the child, then you can ask a judge to have visitation reduced or entirely eliminated (though usually the father has to be unfit in order to justify such actions).  I understand that it's a rough set of circumstances, but unless there is abuse or neglect-- that is causing actual physical harm to your son or a failure to thrive-- the courts and even governmental agencies like Child Protective Services (or DCFS, etc.) are powerless to act.\n\nIt isn't the role of government to make people better parents.  You picked the father and had a child with him.  That means dealing with him-- and all the problems he brings along-- at least until your child is 18 years of age.  That's just the reality of it.  And no court can change that.\n\nSeparate the issue of visitation and child support in your mind-- and then call the child's father and-- focusing on the psychological needs of your child-- ask that the father make more frequent phone calls to his child and that he try to keep up with the visitation schedule better.  Try to be understanding about your ex's situation-- because being snippy and accusative with him won't get the results you want for your child.  \n\nAgain, in response to your amplification, even if you've been patient for a very long time and you have now run out of understanding and patience, if it's your child that you care about then you'll remember honey's the best way to catch a fly.  That it isn't too much too ask for the father to keep his visitation schedule isn't what's going to get him involved.  If you nag, he won't want to come around.  If you hound him, he won't want to come around.  If he owes support and doesn't want to feel guilty about it, then he won't come around.  You have a lot to do with whether or not he'll come around to spend time with your child.  \n\nSecond, there's the separate issue of child support.  Back child support is something the Court can and will do something about.  In fact, you don't even have to go to Court-- your state has a child support enforcement agency mandated by federal law that will help you collect back child support.  \n\nI'd start by contacting them and filling out an application to get their ass
16535
Juvenile/Domestic Relation Law varies from state to state in the U.S.  I know in Virginia "they" (the court system) attempt other remedies first - after all, if you are in jail, it does the children (the only consideration as far as the court is concerned) NO good.  It also costs the taxpayers money to keep you there, and, it potentially costs the taxpayers more if they have to subsidize your childrens support.  Most likely, if you are in fact liable for support (back support or otherwise), the system will attempt to garnish your wages first, place a lein on any bank accounts in your name, and intercept tax refunds and the like.  Also, if you did happen to end up in jail - at least in Virginia - the 'tab' keeps running!  Your best bet, again, if you do owe, is to begin paying, a-absolutely-s-a-p, and keep (SECURE!) ALL receipts of your payments, AND TAKE THEM WITH YOU TO COURT!!!  Also, if you have to appear in court, BE RESPECTFUL, to your ex as well as the judge (well, you should respect the mother of your children in any event, it IS in the BEST INTEREST of YOUR CHILDREN).  Best of luck! - g
633569
men like him say that because they need to be in control.   if your kids are older then they usually get to make the decision of which parent they want to stay with.  Just explain this to the judge, they usually side with women.  i know from my own experience with my own controlling ex-husband.  he said he was going to take my daughter from me and now he barely even sees her.  Just stay strong in front of him and say "okay you have the right to try but we'll see what the judge says in court."  Women usually get custody of the children as long as they don't have a drug problem.  It doesn't really matter if you don't have a job.  they will make him pay child support and you tell the judge your still looking for one.  Nobody gets their kids taken away for not having a job.  You can get temporary assistance until you get back on your feet again.  hope this was helpful. don't give in to his little tactics.  all men use the same lines.  just act like it doesn't bother you.  All the judges I've seen were able to see right through my ex.  he got absolutely nowhere.
453591
Guardians (or in the case of litigation, "next friends") are often appointed for specific or limited purpose. One would have to read the court order to know whether and how parental rights were affected.\n\nFor example: both parents could be in the military and abroad at war. Their rights are not compromised, they are simply incapable of being exercised.\n\nIf the guardian and the parents are at odds, the court must decide.\n\nConflict is more common with conservatorships and other cases where there is a guardian over property. Especially where greedy lawyers and compromised judges are involved. (You can Google the Mollie Orshansky case in Washington DC for info on that.)
15363
as you did not indicate the state in which you live the answer is a little more difficult however In the state of florida under Child protection law and delinquency law a stepparent is specifically excluded as a family member (fls39.01(60) and (28)) however that only applies to those parts of law and insurance in florida would have to consider you a family. also in current Supreme Court opinion they are working with something called a Defacto Parent which would give a stepparent standing in legal situations. Please use sources below to understand. and if you would like to change this situation I suggest contacting your local legislators and the NCCUSL and let them know how you feel
588366
The child should go with the parent. The parents took the chance in coming here. The child is welcomed back anytime. \n And you know darn well people are abusing this-its been on the news.\n If I drop a baby at your house do you have to pay for all of us to stay in your house with benefits.\n Lots of kids have stupid parents who do awful things. It is not the kids fault but they do suffer because of their parents decision.\n If they don't want them then put them up for adoption. I will not reward law breakers because they can have children.
266229
In my experience, the overall package is what decides a verdict in this case. Traditionally, it is said that unless there are clear reasons, the courts will side with the mother, but in this - as in any case! - it depends on what you bring forward as proof. I'm tempted to say that unless there are other facts at play (most notably, poor treatment of the children), the individual effect will be limited. Keep in mind that sometimes, the children get a vote themselves (especially if they are older: 10 or so). Good luck!
46714
He may need a lawyer to file the request for visitation. That would have been taken care of in divorce court. He has rights and the court needs to know the situation to guarantee his rights are ordered and enforcable. If the mother is unfit and the father cares about his children, it would be morally wrong for him not to remedy the situation.
32908
Probably yes.  After completion of anger control, domestic violence counseling, and any jail time.  \n\nBut if mom can show that ex is a threat to kids, she can take out a restraining order against him.  \n\nIf ex can convince the judge that he's changed, he is sorry for what he did, and still genuinely care and love the kids, he may be able to get supervised visitation rights.
80963
The problem is that it's not the baby's fault if its mother lied, or its father was gullible, or whatever.  Child support rights belong to the child, and the mother in this case never had the authority to waive them or bargain them away. Support of children is pretty much an absolute duty of parents; prospective parents have to factor that in before deciding what to do or believe.
94505
Yes, I think the government intrudes on our personal life way too much.  A parent could be arrested for spanking their child.  The Dept. of Human Services has become a threat to every parent.  Your kids can be taken away a lot easier these days.  My neighbor will lose her kids if she misses too many counseling appointments that were set up by DHS.  It's getting ridiculous.....
482520
I'd want my parents to be there .. even if it was upsetting .. it shows them you still want their support ... I don't think it would make a difference with the judge if they were there or not .. but I think it might make a difference in your families life ... it shows them you still need them in your life .. no matter what happens family should always be there for each other ... good luck again with your sentencing ... !
399730
I agree.  I also feel that if you have to take a test and prove your skills to drive a car the same should be true for parenting.  I don't believe the Government should regulate our personal lives but it seems that the people with the most kids are the worst parents.  They did something similar with welfare...they stopped giving bigger checks for more kids so they should do the same thing for taxes.