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Family Law Final: The Law, From birth until death
Billy Badass Period 6 Business law
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How does law effect the lives of people from birth until death?
The law effects all people in America from their mothers womb until their lives have ended in this world. When born a person receives a birth certificate which registers them through their state as an actual person and citizen of this country. Also, a social security number is assigned through the federal government for tax purposes. Children as they grow must be provided for by their parents, per the law. It is illegal for a parent to neglect their children. The governments at be decide the laws that we live under and when 18 a person reaches legal age to vote for the representatives who create those laws. Marriage, driving, and other important functions of life may require legal permission from the government. A person’s behavior is subject to the law, if broken, can be punishable by said government. At last, when a person dies their estate and possessions must be legal distributed to the correct people or a legal will can be written before death to decide where the property goes. Lastly, when a person dies the government will issue a death certificate to legally claim that a person is dead and it is then legally recognized by the government.
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What is the Definition of Family?
The legal definition describes family as many relationships: parents and children; people related by blood, marriage, or adoption; or a group of unrelated people living together in a single household. Personally, there is no specific definition for the term family. People choose who they call family other then their blood relatives. Family could be defined as those we love or choose to love us. Family can be close friends or people who we share experiences with. However, for this assignment I believe that the legal definition only fits a certain criteria under the law. It can never take place of an individuals decision as to who they claim is family.
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What is marriage? Marriage is the personal, social, economic, legal, and often religious relationship between two people. Marriages must be legally recognized by the government as a legal partnership between two people. Requirements: State governments determine the requirements for their states
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Most common state requirements
Blood Test: testing for STD’s or HIV which lets each party aware of medical problems of their proposed spouse. Marriage License: all states require this. When applying certain information or proof of information must be provided. Usually includes a small fee. Waiting Period: Once a license is applied for, the couple must wait a short period to pick it up. It helps ensure the marriage is legal and the people are serious. Wedding Ceremony: This can be Religious or Civil. Must be conducted by someone licensed by the state to do so. Also, a witness must be present. After, a marriage certificate is issued.
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California marriage Requirements
Application: fill out an application, proof of age, picture ID is provided to the county clerks office Fee: $100 Waiting period: 90 days period once issued to get married or must apply for another Solemnization Authority: California requires persons authorized to solemnize marriage ceremonies can only marry others
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Common law marriage This is always interesting to think about. A couple can be married without having any of the previous requirements met. Common-Law marriage is created when two people agree to be married, and live as if they are a married couple. They must do so for a particular amount of time meet this standard. Only 13 states recognize common-law marriage. California does not. It protects people from being abandoned by their loved ones hen there is no marriage.
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Identify and assess the legal aspects of marriage
Financial responsibility: Each of the spouses are financial responsible for each other during the marriage. Money cannot be kept by only one and not shared for essentials such as, medical care, housing, food, clothing, etc. Very important so that each spouse in the partnership is treated equally and provided for. Property: property is split equally during the marriage, what is owned before hand is still the original spouses. It is a partnership and property is an important function of that partnership. Decisions in marriage: People do not have to change their names but may if they choose. Support of children is now equal to each spouse. People in a marriage must have the ability to make decisions by themselves, but those decisions cannot damage or be seen as punitive against their spouse.
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Parents and children What is a parent responsible for when they have children? Paternity: important to determine who is the parent to establish who is responsible for their well being. A person must and be responsible for their children or the child will suffer. This would be bad for the child. Support: A parent must take care of the children, even if it is just financially. You have to take care of your children. Emancipation: When a child is 18 they are responsible for themselves. However, I believe that a parent is a parent until death. Family Responsibility Laws: if your parents are elderly certain states require that the children are then responsible for their parents if they cannot take care of themselves. I believe this to be a proper responsibility. Education: Education is the back bone of any civilized society especially the U.S.A. Parents must guarantee that a child has an education in order to better our nation.
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Parents and Children Medical Care: Parents must provide medical care for sick children by the law. I believe that neglecting a child’s health is and should be punishable by the law. Care and Supervision: Same rule applies here. A parent must oversee their childrens behavior and actions or face the consequences. Discipline: This is up to each parent, but it cannot be physical abuse. Discipline is a huge part of a childs upbringing. Responsibility for children’s acts: If the child causes damage the parent is responsible. This is good, it forces parents to take care of their children. Earning and employment: A child under 18 can work only with their parents permission. Parents have the legal right to all that money, but new laws are in effect to save the money for actors and celebrity children. We cannot have children’s money take by the parents for their own selfish needs
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Separation and divorce
Separation: A temporary legal process of ending a marriage. Most states require a separation period before granting a divorce. I think this is good to give a chance for the spouses to work out legal problems. Custody, money etc Divorce: The legal end to a marriage. It is recognized by the state as a legal end to a marriage. A term many hope they will never have to deal with. However, one half of all marriages end in divorce.
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Reasons for Divorce Infidelity, money, neglect, sex issues, drub abuse, sexual abuse, alcohol, career pressures, conflicts about children, etc Opinion: all are bad for all couples to deal with. I believe that people enter into marriages too quick and do not work out these problems before hand. Therefore, the marriages fail. Work it out before hand.
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Alimony and child Support
Alimony: money paid to an ex-spouse for daily maintenance such as food, shelter, medical care etc. Both the husband and or ex wife may be required to pay once a divorce is settled. This guarantees that the lifestyle of the ex spouse they were living under stays the same after the marriage. It guarantees that the person is not abandoned financially once a marriage ends. Child Support: The ex-spouses must share the financial responsibility of all the children created during the marriage. One of the ex-spouses must pay the other this money to guarantee the children are taken care of. It is important to take care of your children financially so they do not suffer.
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