Children

Question 1

Children

Answer 1

A. Legal Disabilities of Childhood

B. Duty to support

C. Emancipation

D. Education

E. Limitations on Parental Autonomy

F. Torts

Question 2

III. A. Legal Disabilities of Childhood

Answer 2

1. Contracts are voidable
2. Conveyance of Real property (possible but diss affirmable)
3. Tort Liability (see Torts, but not if connected to Contracts)
4. Criminal Liability
   
   1. Common law: <7, <14, (Delinquency Statutes)
5. Cannot make Valid Wills
6. Medical Treatment= Children Cannot Consent
   
   1. Except=
      
      1. emergency
      2. public health
      3. state intevention

Question 3

III. B. Duty to Support Children

Answer 3

1. Support of Child By parent
   
   1. General Obligations
      
      1. Love and affection
      2. expression of personal concern over health, education, well-being, etc.
      3. Supply necessities (food, shelter, medical care)
      4. Shelter
      5. Guidance
   2. Unwanted child no defense
2. Support of parent by child- minority states have eneacted statutes

Question 4

III. C. Emancipation

Answer 4

1. Emancipation removes the disabilities of Infancy
2. Extinguishment of Parental Rights and Obligations
3. How Accomplished?
   
   1. Court petition
   2. Marriage
      
      1. removes parental obligations?= yes
      2. removal disabilities of infancy= requires express statute
   3. Military service

Question 5

III. D. Education

Answer 5

State can mandate attendance, Parents can choose means.

Question 6

III. E. Limitations on Parental Autonomy

Answer 6

1. Termination of Parental Rights
   
   1. Due process required
   2. Grounds- proved by clear and convincing evidence
      
      1. Serious physical harm
      2. abandonment
      3. neglect
      4. Failure to support
      5. mental illness parents cannot handle
      6. General parental unfitness
2. Children in Need of Supervision (CINS)- if court determines and changes control of child that commits offenses that would not be illegal if they were adults
   
   1. Habitual truency
   2. Cannot be controlled by parents
   3. danger to itself or others
   4. Violates curfew
   5. Ungovernable

Question 7

III. F. Torts

Answer 7

1. Parental-Child Immunity (abolished in most states)
   
   1. parents immune from mere negligence toward unemancipated minors
   2. Not applicable to Wanton, Willful, Malicious
2. Liability of parent for conduct of child
   
   1. CL- No vicarious liability
   2. Modernly= liable for willful or intentional torts governed by statute.
3. Interference with the Parent-Child relationship
   
   1. Injury to parent= child may not recover (some states allow for wrongful death)
   2. Interference with custody = Parent May Recover
      
      1. abduction or enticement= tortious interference when:
         
         1. Legal parental or custodial relationship
         2. D took affirmative action
         3. D action was willful
         4. D on notice or knowledge of Child’s parent