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FAMILY LAW. BASIC LAW ROOM 614 CASS TECHNICAL HIGH SCHOOL. FAMILY LAW. Family laws are laws to help protect the family. It involves marriages, divorces, children, and any other family issues. Getting Married.
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FAMILY LAW BASIC LAW ROOM 614 CASS TECHNICAL HIGH SCHOOL
FAMILY LAW • Family laws are laws to help protect the family. It involves marriages, divorces, children, and any other family issues.
Getting Married • Blood Test: Most states require a couple to have a blood test before marriage to test for STDs before getting married. A state may also require a physical examination to make couples aware of problems that may affect their marriage. • Marriage license: All states require a marriage license. Couples must present a proof of age and a copy of their blood test. They have to swear the truth of the information. A small fee will be asked. • Waiting Period: After applying for marriage license there is a minor waiting period to make sure that the couple really wants to be married. • Wedding Ceremony: a wedding ceremony is required for a valid marriage. It can be a religious or a civil ceremony. Marriages can be conducted by members of the clergy or public officials. Each party must state in front of an official witness that he/she agrees to marry. Once the ceremony is complete the couple will receive a marriage certificate.
Legal Aspects of Marriage • Age: Usually a woman must be 16 and a man must be 18. Some states allow a younger marriage with parents consent. • Relationship: Every state forbids marriage between relatives. This is seen as incest( marrying or having sexual relations with a close relative) • Two People: Marriage is between two people only. Otherwise it is considered bigamy( having more than one husband or wife). • Man and Woman: Marriage is a relationship between man and woman. Same sex marriages are considered in valid • Consent: Both persons must agree to be married. No one can be forced to marry someone against his/her own will. Annulmentis a court order declaring the a marriage never existed. Marriages are annulled because of • Age • Bigamy • Fraud • Lack of consent Divorceis a court order that ends a valid marriage.
Vocabulary • Polygamy- The practice of having more than one spouse at the same time. • Common law marriage-a marriage without a license, blood test, or a wedding ceremony • Necessities- food, clothing, shelter, medical care, etc.. • Separate property-system whoever earns and pays for it has the title to it. • Joint property-property owned by two or more people. • Community property-property acquired during a marriage that is owned by both husband and wife, regardless of who earned it or paid for it.
Decisions is A Marriage Prenuptial Agreement is a written document made before marriage that set forth certain rights and responsibilities of the husband and wife. • Name change: women usually take on the husbands name. But legally the woman can keep her maiden name or take her husbands name in combination with hers. Likely a man can take the woman's name. • Support: A husband use to have the legal duty to support the wife and kids. Now laws have changed; husband and wife share an equal responsibility to support each other. • Privileged communications: The law considers certain relationships private and confidential. This means neither party can be forced to disclose any information received as part of the relationship. • Inheritance: If a husband or wife dies, the other spouse is automatically entitled to a share of the deceased’s estate (an individuals personal property).
Parents and Children Parents are legally responsible for their children in many ways. Most importantly they must provide life’s necessities. They must aslo provide for their children’s moral and social development and must control and supervise their children’s behavior. Parents are not required to support and adult child. Parents legal responsibility ends when their children become emancipated ( means children are set free from the legal control and custody of their parents). Family law responsibility laws require adult children to care for elderly parents.
Agencies • Foster family Agency • American Red Cross • Blind Babies Foundation • Boys and Girls Club • Center for Domestic Violence Prevention • Child Abuse prevention center • Community Family Services. Inc • I have a Dream Foundation • Pacific Autism Center for Education • Child Protective Services
Case Studies • (Pg.365) Loving vs. Virginia • In the loving case a mixed race couple moved to another state in order to marry. Upon their moving back they were charged and jailed. This shows marriage can be regulated by state law. (Pg. 366) Common Law Marriage • common law marriage is created when two people agree to be married. Its only allowed by 14states in the U.S. (pg. 370) • The government has no say so on how a marriage is planned (Pg. 373) Spouse Abuse • Spousal Abuse is responsible for 1/4th of killings in the U.S. 95% are women.