 Chapters 32-35.  Chapter 32  Support o Supporting minor children is the most basic form of parental responsibility o Basic necessities Food Clothing.

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Presentation transcript:

 Chapters 32-35

 Chapter 32

 Support o Supporting minor children is the most basic form of parental responsibility o Basic necessities Food Clothing Shelter Education Medical Care

 Emancipation o Children are set free from the legal control and custody of their parents o Normally takes place when the child reaches the age of 18 o May also occur when the child Gets married Joins the military Becomes self-supporting Petitions the court

 These laws require adult children to care for elderly parents.

 All children have the right to a free public school education through the 12 th grade o Private schools are okay too  Parents who allow their children to be truant (absent from school) my be fined or arrested  Parents are not legally required to pay for college tuition

 Parents have a duty to protect and supervise their children’s health o Proper medical treatment o Proper dental care  Parents usually have to give permission for their child to receive medical and/or dental treatments  Doctors can act without permission in life-threatening situations

 Parents can decide what’s best for their children as long as they don’t neglect or abuse them.  There are no number of hours required for parents to spend with their children.

 Parents have a legal right and a duty to supervise their children  Children have a responsibility to obey their parents. o They don’t have to obey them if they are asking the child to do something dangerous or illegal  Children who continually disobey their parents or run away from home may be charged as status offenders o PINS – Person In Need of Supervision o CHINS – Child in Need of Supervision o MINS – Minor in Need of Supervision

 Parents who fail to exercise proper supervision and control over their children may be held legally responsible for their children’s acts.  All states hold parents civilly liable for certain acts of their minor children o Property damage o Theft o vandalism

 Contributing to the Delinquency of a Minor can occur when a parent encourages their child to do something illegal  Parents are legally responsible for harm caused by their children o Family Car Doctrine makes parents responsible for any damage caused by any driver in the family car  Earnings and Employment o Legally, children may keep only the wages their parents want them to keep o Parents cannot use other money that legally belongs to their children Trust funds or inheritance funds set up by others for the child

 Abuse occurs when an adult or other care provider inflicts or threatens to inflict intentional harm o Physically o Emotionally o Sexually  Neglect occurs more frequently than abuse

 Sexual Abuse o Child usually knows the abuser Family member Family friend Child care worker School employee o Sexual abusers prey on a child’s Obedience Trust Embarrassment o Abusers often use threats to keep the child from reporting the incident  Legally, anyone who suspects abuse of a minor child is bound to report it to the authorities.

 Chapter 33

 Foster parents are people who, at the direction of the court or government agency, care for minors who are not their birth children. o Usually they are paid to care for the child  Adoption is the legal process by which an adult or adults become the legal parent(s) of another person. o Set up through public or private agencies

 Surrogate Mother is a woman, other than the man’s wife, who will carry his child so he and his wife may have children

 Chapter 34

 Common problems in marriages are o In-law trouble o Trouble with relatives o Job/career pressures o Adultery o Conflicts about raising children o Sexual Problems o Lack of communication o Financial problems o Addictions  Marriage counselors can be helpful in working through these types of problems

 Separation – a couple decides to live apart temporarily o Separation agreement is a written document that sets out the couple’s understanding on alimony, child custody, support, division of property and so forth Once signed by both people, it’s a binding contract

 Divorce – a couple decides to live apart permanently o Today, about ½ of all marriages end in divorce o This may change the relationship, but it will not end it if there are children involved. o Divorce is not easy emotionally or financially Today, some states allow Pro se, or do-it-yourself, divorces. These kits are sold in bookstores, online, etc. Most states will not allow pro se divorces if underage children are involved.

 Old School Divorces o Used to, divorces would only be granted if one of the following could be proven Adultery Desertion Mental Cruelty Physical Cruelty Insanity  Divorces Today o Can be granted without proving any of the above by claiming No-fault Divorce with irreconcilable differences – basically, the couple doesn’t get along anymore and they’re tired of trying.

 Most of the time, children remain with the mother – she has custody – and the father has visitation rights. o These rights vary according to the circumstances  Joint Custody o Both parents make the decisions regarding the children o The children can live part-time with each parent

 Tender Years Doctrine – the old belief that younger children are better off with the mother  Best Interest of the Child is considered more by today’s courts. They take into account o Kid’s actions in the home, school, & community o Emotional and economic stability of the parents o Each parent’s religion o Which parent has stronger bonds with the child(ren) o Which parent has been the primary care provider o The opinion of the child(ren) if they are old enough to understand what’s happening

 Alimony can be paid by the man or woman to help cover expenses after a divorce o It’s based on need o Rehabilitative Alimony can be paid to help a spouse who has not worked regain job skills to support themselves after the divorce  Property division depends on the laws in the state o Separate property o Joint property o Community property

 Child Custody o Usually the parent without custody pays child support to the parent who does have custody

 Chapter 35

 Social Security o Retirement Benefits - workers 65+ may retire and receive a monthly Social Security check. Spouses and children may also be eligible o Disability Benefits – Workers who are blind, injured, or too ill to work can receive monthly checks if the disability is expected to last at least 12 months or to result in death. Again, spouses and children may also be eligible o Survivor’s Benefits – When workers die, their families become eligible for payments

 Supplemental Security Income (SSI) o Provides money for needy aged, blind, and disabled people  Welfare o Temporary Assistance to Needy Families (TANF) May only receive aid for 2 years Must work or go to training 20 hours/week Child care is paid for May get 1 year of health care Total limit of TANF benefits per family is five years

 Food Stamps o Pays for food only – paper and non-food items must be paid for in cash  Earned Income Tax Credits o Available to families with children who’s income is below a certain level  Tax Credits for Families with Children o Families can get credit for child care expenses.

 Housing Assistance o Government operated housing projects o Direct payments for portions of rent o Low-interest loans  Mortgage Interest Deductions o People can claim the amount they paid in interest on their homes as a deduction

 Medicare o Medical care for the elderly  Medicaid o Medical care for the poor and disabled

 Free public education o Elementary and secondary schools  Colleges and Universities o Public post-secondary facilities that are ‘low cost’ for state residents o Grants that do not have to be repaid but are income based Pell Grants Supplemental Educational Opportunity Grants Work-study Program

o Available Loans Stafford Loans PLUS Loans (for parents) Perkins Loans