Child laws include both civil and criminal laws that are designed to safeguard the well-being and rights of children. Child laws encompass a wide range of federal and state laws that prioritize the basic needs of children, including laws designed to protect children from harm, as well as laws concerning parental rights and obligations when it comes to raising a child.
Additionally, there are also child laws that involve the liability for persons that injure children, as well as laws concerning the liability for children and the parents of children that injure others. The following is a summary of legal articles related to child laws.
Adoption Laws
Adoption laws are the set of state and federal laws that ensure the well-being of children and families by outlining the legal procedures for the adoption of domestic and international children. Federal and state governments both have established laws and regulations that govern the process of adults establishing parental rights and responsibilities for children that were not born to them.
When an adoption occurs, an adoptive parent essentially has all of the legal obligations and rights that a biological parent would have over a child under the law. This means that they will then be responsible for the upbringing and care of the child. As such, adoption laws provide strict procedures involving background checks and other processes for evaluating an individual that desires to become an adoptive parent.
The following is a list of articles that further discuss adoption laws:
Child Custody Laws
Child custody laws are the set of laws that determine which parent in a divorce or separation, if applicable, will be primarily responsible for making decisions on behalf of the child, as well as where the child will live for the majority of the time. In general, the parent who is awarded the most custody rights is referred to as the custodial parent, while the other parent is referred to as the noncustodial parent.
It is important that the laws that govern child custody will vary by state. However, each state will generally use the “Child’s Best Interest Standard” when determining the custody of a child in the case of their biological or adoptive parents divorcing or separating. Child custody may also be obtained by parties other than a child’s biological parents in some cases.
The following is a list of articles that further discuss child custody laws:
Child Support Laws
Child support laws are the set of laws that govern and regulate child support arrangements between parents or legal guardians for the best interests of a child. Specifically, child support laws dictate how court-ordered payments will be made from one parent, known as the obligor, to another parent, known as the obligee, in a family law case that involves divorce or legal separation with a child.
As such, child support laws aim to ensure that children are well taken care of and supported during their upbringing. Child support laws often interact with other laws that fall under the scope of family law, such as divorce laws, spousal support laws, and child custody/visitation laws.
The following is a list of articles that further discuss child support laws:
Child Visitation Laws
Child visitation laws are similar to child custody laws in that they govern the rights of a parent to spend time with their child. Child visitation laws specifically apply to the non-custodial parent, or parent that does not primarily process a child, in a divorce or separation case that involves a child.
In general, the terms of the non-custodial parent’s visitation rights will be provided in the final order of the child custody case. This is known as a child visitation schedule. Child visitation may also be provided for parties other than a child’s biological parents, such as grandparents or other family members.
The following is a list of articles that further discuss child visitation laws:
Schools and Education Laws
Education is an important aspect of the upbringing of a child. As such, there are both federal and state laws that require that every child be provided the opportunity to receive a basic education. This means that there are laws that provide rules and regulations for children in schools, as well as guidance for parents in educating their children. These laws also cover the management of schools, teachers, and funding for public education.
The following is a list of articles that further discuss school and education laws:
Guardianship Laws
In addition to biological parents and adoptive parents, individuals may also obtain a legal responsibility over a child through guardianship law. Guardianship is a court-supervised legal relationship that is established for the benefit and protection of a person. In the case of children, when a child’s parents are unable to support or take care of them, then a guardianship relationship may be established to provide for the care of that child. For example, a temporary guardianship may be established over a child who is removed from an unsafe home while the court works to find a suitable and safe home for the child.
The following is a list of articles that further discuss guardianship laws:
Paternity
The legal term paternity refers to the legal process of determining the correct father of a child. A family law court will need to establish paternity before the court issues any orders concerning the relationship between the child and their father, such as a child support order.
Paternity is not automatically presumed when an unmarried couple has a child. As such, when an unmarried couple has a child, it is important to establish the father’s paternity as soon as the child is born. Once paternity has been established, a child may receive child support, life insurance, and health insurance and disability benefits.
The following is a list of articles that further discuss paternity laws:
Child Protective Service and Child Abuse Laws
The federal and state government also provides for legal protections of children. State child protection agencies provide procedures and regulations for dealing with cases involving child abuse or neglect.
The legal term child abuse refers to the intentional physical, mental, and/or sexual abuse of a minor. Child abuse can also occur when a child’s parent or guardian creates a substantial risk of injury for the child under their supervision.
Child protective agencies exist in every state in the United States. These agencies are responsible for receiving any reports of child abuse, as well as investigating and taking appropriate steps to ensure the safety and welfare of children.
The following is a list of articles that further discuss child abuse and neglect laws:
Surrogate Laws
Surrogate laws are the set of laws that govern surrogates and surrogacy arrangements. A surrogate is a female who carries a child or children on behalf of other parents. In general, there are two types of surrogate situations: in vitro fertilization or artificial insemination.
The following is a list of articles that further discuss child abuse and neglect laws:
Personal Injury Laws
In the case of a child being injured, there are state laws that govern who may bring a civil lawsuit on behalf of the child to recover damages for the child’s injury. Additionally, there are also state laws that govern when a child or parent of a child may be held liable for a child’s negligent acts that result in an injury to another person.
The following is a list of articles that further discuss personal injury laws involving children:
Should I Talk to a Lawyer?
If your child is involved with the liability for persons that injure children. it is important to consult with a children lawyer. The laws governing these issues vary by state and even by school.
Your lawyer can protect the rights of your child as well as your rights. If your child has been a victim of unlawful discipline or has been accused of criminal conduct, it is especially important that you consult with an attorney.
