Children Rights

Children are considered vulnerable until they reach the age of maturity, which is 18 years old in most states. Children, as a result of circumstances not of their own making, may be left impoverished and homeless, and deprived of opportunities open for them by the government. It is in this regard that federal and state government enacted legislation codifying children's rights. Children do not have full rights compared to adults. Nevertheless, children, under the law, have inherent legal rights and are also granted additional rights. Children's rights law is embodied, in the national scene, by the U.S. Constitution under the Fourteenth Amendment, and in the international scene, by the Convention on the Rights of the Child.

Children's rights law aims to safeguard children, their welfare and their rights as individuals. These federal and state laws addresses the children's social welfare; health, education and special needs. Although parents have the fundamental right of caring for their children, when the state evaluates that the child is not safe with his parents, the state can remove the child from his home and ensure the child is given rightful care. Children's rights law also aims to stop abuses that children may suffer, including child trafficking, child labor, child prostitution and child pornography. In addition, children's rights law also addresses how the juvenile justice system deals with minors. Social problems relating to children are constantly shifting and children's rights law aim to address these problems. In recent years, cases of cyber-bullying and child pornography in the Internet have increased.

Children's rights law varies from state to state. The Fair Labor Standards Act provide that only adults who are aged 18 and above may be employed, with some exceptions. Children below the age of 18 may gain rightful employment, subject to certain conditions that are meant to protect them from abusive employment practices. Employment limitations include limitations on the number of hours children are allowed to work based on the premise that children are supposed to be in school at specific times of the day. The FLSA, however, was enacted at a time when family farms were still prevent and the statute has not been amended to address the change in employment landscape. Many have pushed for the amendment to the FLSA because its codes relating to farm work for children are fairly lax and are seen as hindrances to their development.

When faced with charges of violations of children's rights law, it is imperative to seek the aid of an attorney as federal and state governments are zealous in the enforcement of the law. In addition, non-governmental groups are also active in pursuing violations of children's rights law. A violation of the children's rights has accompanying penalties that vary from state to state, and the prosecution of such violations also depend on the procedures laid out by the state. A violation of these laws may be minor or major, depending on the state. It is thus crucial for those facing charges to employ attorneys who are experts in the area of children's rights law.

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Divorce Law - Legal Information and Resources

Divorce

Divorce is a legal process where a judge legally terminates a marriage, reverting the status of the couple to being single, and allowing them to marry other individuals. Divorce in the United States is governed by state laws. Divorce was once an adversarial proceeding where one of the spouse is required to prove that the other spouse is at fault for the breakdown of their marriage. Nowadays, state courts have relaxed their rules and now allow for so-called no-fault divorces under which the married couple will only need to prove that they have irreconcilable differences. Despite not having to show that one of the spouses is at fault, the court, nevertheless, still take into consideration each spouse's behavior within the marriage in determining issues relating to children, debts, and property.

Marriage is a lot of work and teamwork. So does divorce. Divorce law differs from one state to another. Divorce requirements also differ from one state to another. Some states are stricter when it comes to the dissolution of marriage and would often require the married couple to go into therapy prior to filing a petition for divorce. If one is not familiar with state requirements, a divorce petition may be denied for failure to comply with certain requirements. In this regard, it is crucial to seek the counsel of an expert divorce attorney.

Petitions for divorce are easily granted by most courts, especially when they are uncontested. Divorce proceedings, however, often messy and emotionally draining, turn adversarial, in which case, both parties will need divorce attorneys to argue for their client without the impassioned tone of two former lovers now turned enemies. In no-fault divorce proceedings, the real dispute would be on the distribution of assets and on child custody and support. The married couple's assets can be distributed in two ways: community or equitable. When the married couple has a community property, this means the couple equally owns all properties they both acquired during the marriage and the property will be divided equally between the spouses, with each of the spouse retaining the properties they acquired prior to the marriage. In cases of equitable distribution, each of the spouse will need to identify which assets he or she acquired during the marriage and how much each contributed to the family during the marriage. This is a rather tedious process, requiring voluminous paper work for proof of property or contribution. In equitable distribution, the property of the married couple is divided fairly, but not necessarily equally. Prenuptial agreements play a crucial role in the distribution of assets as the couple, before they got married, already agreed as to how their properties would be divided.

Child custody and support for children resulting from the marriage pose two other difficult issues that arise during divorce proceedings. The parents, whether they are amicable to each other or not, need to agree on the terms of custody and support for their children's best interests. Children are most affected by divorce and would generally want their parents to stay together. It is thus an attorney's role to take out the emotions from the individuals so that the parties can agree to reasonable terms.

Areas of Law