Can Children Divorce Their Parents?

Becoming an emancipated teenager is a legal process available in most states. Divorcing from your parents is not an easy thing legally, financially or emotionally. Becoming a responsible adult means taking care of yourself and bearing the full responsibility of your actions. 

What does it mean?

When you are declared emancipated, you have almost the same status as an adult. This means that you can get married, enroll into a school, or enroll in the military without your parent's consent. You can also buy and sell property and you can have the right to vote. 

Under what conditions can you be emancipated? 

First, the state you live in must recognize child's emancipation. As it is normal, a court will not grant you any independence before you meet certain conditions. Some basic requirements are:

• You need to be at least 14
• You need to prove that you have the financial means to support yourself. 
• You need to stay in school for several years, or at least until you are 16. 
• You need to prove that you can spend your income responsibly (pay the bills, do the grocery etc)

It is very hard to prove to a court that you can be a responsible adult. You will need to have a job or a regular source of income and to prove that you can spend the money responsibly. 

You also need a good reason to divorce your parents. Abuse and neglect are one of the strongest reasons as the child is safer living by himself that with his or her abusive parents. You can divorce your parents on other grounds too: for example if your parents have stolen the money you have earned. 

How to become emancipated? 

When you have a job and a place to stay, you can separate from your parents by filling out a Petition for Emancipation which you can find at your local jurisdiction. You do not need a lawyer to become emancipated, but it helps if you have one! An attorney will bring considerable proof to help your case and the fact that you can afford to pay for a layer prove that you have the necessary financial means. 

It is a lot easier to become emancipated if your parents consent to your decision. Before taking matters to court, try to talk with your parents and legal guardian about your status in the family! There are also numerous alternatives which you can choose!

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Federal Court and State Courts - Things You Should Know

In the United States, there are two different kinds of courts function. One is the state court and another is the federal court. Both of these courts are known to come with certain differences and similarities. They come with different set of powers, jurisdictions and laws making it difficult for one to understand how they coexist and function. Here, you will get to know about some most important things about state courts and federal court,

State courts

State courts are established by the respective states that are looking to maintain the law and order within their purview and power limits. The laws and practices of state courts are considerably different from the federal courts. It needs to be understood that the laws and regulations varies between the states themselves. What is legal in California would be illegal in Texas and it is an altogether complicated area. There are local courts operating within the State and this includes courts in counties, municipalities and cities.

Federal court

The court is established by the constitution of the United States that was passed by the Congress in order to decide over issues that involves national interest. It decides over matters concerning the constitution and laws passed by the Congress. 

Jurisdiction.

The differences in the function of the two courts depend based on the jurisdiction. The Federal court jurisdiction would include those cases which has the United States as one of the party, cases that involves violation of the federal law and laws set-forth by the constitution of the U.S. It will also deal with those cases between two citizens when the amount exceeds $75,000. Apart from these, it also deals with copyright, patent, bankruptcy and maritime cases.

The state courts on the other hand deals with everything that comes under state laws. It includes family dispute cases, robberies, felony, misdemeanor, traffic violations and much more. The state courts are not allowed to deal with those cases that involve the United States and certain other areas that are exclusive to federal court.

Scope and power

It needs to be understood that the state courts have wider jurisdiction when compared to federal court, which has limited scope. It can handle matters concerning many areas of law. There are also certain areas where both the courts have jurisdiction to decide and in such case, the parties have the right to choose the court they want to proceed with.

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Criminal Charges - The Initial Process Involved

If you or your loved one is facing any sort of criminal charges, then it is high time you get to know about criminal charges, how to file a criminal charge and other important aspects in detail. It is necessary that everyone posses the knowledge and understanding about the process of criminal case from the start.

What is a criminal charge?

A criminal charge is nothing but accusation made by authorities authorized by the government over those who have committed any sort of crime punishable under law. It is a form of written accusation posted against someone for doing an act or refraining from doing something put-forth by law. A criminal charge would be initiated if someone files a criminal case against a person. It could be the police or the victim of the specific problem.

When a person faces arrest

The police have the authority to arrest somebody if they have any sort of suspicion that the concerned person has committed a crime. A criminal offense could be major or minor and the police have the right to arrest them to carry on with further investigation. If the police finds substantial reason that the concerned person could have committed the crime after the investigation then the police would initiate further action. The next step to this would be to get warrant to initiate search and arrest.

Filing of charge

Not all arrests would end up with a charge being filed against the person. The prosecutor would review each and everything in detail and comes to a conclusion if a charge should be filed or not. In case, the chances are high that a charge would be filed against you after the arrest, it serves best to seek the help of a criminal defense attorney for professional support. The attorney would deal with any legal issues and would talk to the prosecutor before the filing of charges. A charge document comprises of several important legal documents which includes information, complaint, citation, traffic ticket and indictment.

Filing of a complaint

Anybody who thinks they are victims of a criminal offense can file a complaint with the police department in their respective jurisdiction. In case, the police refuse to accept a specific complaint, the victim can proceed to take it to the prosecutor's office. The prosecutor would then be taking a look at the complaint and would decide if a charge be filed or not. Once the charge is filed, the case is ready for the pretrial stage where it is decided if the case should go on trial.

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