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| Family law |
|---|
| Entering into marriage |
| Prenuptial agreement · Marriage |
| Common-law marriage |
| Same-sex marriage |
| Legal states similar to marriage |
| Cohabitation · Civil union |
| Domestic partnership |
| Registered partnership |
| Putative marriage |
| Dissolution of marriage |
| Annulment · Divorce · Alimony |
| Issues affecting children |
| Paternity · Legitimacy · Adoption |
| Legal guardian · Ward |
| Emancipation of minors · Foster care |
| Child Protective Services |
| Parental responsibility |
| Contact (including Visitation) |
| Residence in English law |
| Custody · Child support |
| Areas of possible legal concern |
| Spousal abuse · Child abuse |
| Child abduction · Child marriage |
| Adultery · Bigamy · Incest |
| Conflict of Laws Issues |
| Marriage · Nullity · Divorce |
A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a Contract entered NOTICE TO WOULD-BE ROMEOS ************** Common-law marriage (or Common law marriage) sometimes called de facto marriage, informal marriage or marriage by habit and repute Same-sex marriage (also referred to as gay marriage) is a term for a legally or Socially recognized Marriage between two people of the same Cohabitation is when people live together in an emotionally- and/or physically- Intimate relationship. A civil union is a legally recognized union similar to Marriage. A domestic partnership is a legal or Personal relationship between two individuals who live together and share a common domestic life but are neither joined by a traditional Registered partnership is one of several terms synonymous with a Civil union or Civil partnership similar to Marriage, typically created in order to provide A putative marriage is an apparently valid Marriage, entered into in Good faith on the part of at least one of the partners but that is legally invalid due to Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract Divorce or dissolution of marriage is the termination of a Marriage. Alimony, maintenance or spousal support is an obligation established by Law in many countries that is based on the premise that both spouses have an absolute In law Paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors In Common law, legitimacy is the status of a Child that is born to parents who are legally married to one another or that is born shortly after the Adoption is the act of legally placing a child with a Parent or parents other than those to whom they were born In Law, a ward is someone placed under the protection of a Legal guardian. Emancipation of minors is a legal mechanism by which a child is freed from control by their parent(s/guardian(s and the parent(s/guardian(s is/are freed from any and all responsibility Foster care is a system by which a certified stand-in "parent(s" cares for minor Children or young peoples who have been removed from their birth parents Child Protective Services (CPS is the name of a Governmental agency in many states of the United States that responds to reports of Child abuse In the states of the European Union and elsewhere parental responsibility refers to the rights and privileges which underpin the relationship between a In Family law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant Residence is a term used to refer to not always similar concepts in various parts of English law including taxation immigration and family law Child custody and '''guardianship''' are Legal terms which are sometimes used to describe the legal and practical relationship between a Parent and his In family law and government policy child support or child maintenance is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate Child abuse is the physical, psychological or sexual maltreatment of children Child abduction is the abduction or kidnapping of a Child (or Baby) by an older person Child marriage usually refers to two separate social phenomena which are practiced in some societies Adultery is the voluntary Sexual intercourse between a married person and another person who is not his or her Spouse, though in many places it is The term polygamy (a Greek word meaning "the practice of multiple marriage" is used in related ways in Social anthropology, Sociobiology, and Incest refers to any sexual activity between closely related persons (often within the immediate family that is illegal or socially Taboo. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Conflict of laws, the issue of Marriage has assumed increasing public policy significance in a world of increasing multi-ethnic multi-cultural Community In Conflict of Laws, the issue of nullity (known as Annulment in the United States) in Family Law inspires a wide response among the laws In modern Society, the role of marriage and its termination through Divorce have become political issues Property is any physical or virtual entity that is owned by an individual In Law, a ward is someone placed under the protection of a Legal guardian. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Discussion As an aspect of the Social contract between a state and its Citizens the state adopts a role of protector to the weaker and more vulnerable members Most countries and states have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of their death. A parent is a Father or Mother; one who sires or gives In law the term minor (also infant or infancy) is used to refer to a person who is under the age in which one legally assumes Adulthood and is legally
Courts generally have the power to appoint a guardian for an individual in need of special protection. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian, having limited powers over the interests of the ward. A special guardian may, for example, be given the legal right to determine the disposition of the ward's property without being given any authority over the ward's person. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy Ad litem is a term used in Law to refer to a party appointed by a court to act in a lawsuit on behalf of another party—for instance a child or an incapacitated
Some jurisdictions allow a parent of a child to exercise the authority of a legal guardian without a formal court appointment. In such circumstances the parent acting in that capacity is called the natural guardian of that parent's child.
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Guardian ad litem
Guardians ad litem are often appointed in divorce cases or in parenting time disputes to represent the interests of the minor children. Divorce or dissolution of marriage is the termination of a Marriage. In law the term minor (also infant or infancy) is used to refer to a person who is under the age in which one legally assumes Adulthood and is legally Guardians ad litem are also used in other family matters involving grandparents obtaining custody or grandparenting time as well as protection orders where one parent is attempting to get an order against another party with a legal connection to the child. The kinds of people appointed as a guardian ad litem vary by state, ranging from volunteers to social workers to regular attorneys to others with the appropriate qualifications. The United States of America —commonly referred to as the A volunteer is someone who works for a community or for the benefit of environment primarily because they choose to do so Social work is a discipline involving the application of Social theory and research methods to study and improve the lives of people groups and societies An attorney at law (or attorney-at-law) in the United States is a practitioner in a court of law who is legally qualified to prosecute The two divorcing parents are usually responsible for paying the fees of the guardian ad litem, even though the guardian ad litem is not responsible to them at all. In some states, the county government pays the fee of that attorney. Local governments are administrative offices that are smaller than a State. The guardian ad litem's only job is to represent the minor children's best interests.
Guardians ad litem are also appointed in cases where there has been an allegation of child abuse, child neglect, PINS, juvenile delinquency, or dependency. Child abuse is the physical, psychological or sexual maltreatment of children Child abuse is the physical, psychological or sexual maltreatment of children Person in need of supervision, or PINS is a term frequently used by social services agencies in the United States to describe a juvenile who is not currently Juvenile delinquency refers to criminal acts performed by juveniles Most Legal systems prescribe specific procedures for dealing with juveniles such as In these situations, the guardian ad litem is charged to represent the best interests of the minor child which can differ from the position of the state or government agency as well as the interest of the parent or guardian. These guardians ad litem vary by jurisdiction and can be volunteer advocates or attorneys. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority An advocate is one who speaks on behalf of another person especially in a legal context
They are also appointed in guardianship cases for adults (see also conservatorship). For example, parents may start a guardianship action to become the guardians of a developmentally disabled child when the child turns 18. Or, children may need to file a guardianship action for a parent when the parent has failed to prepare a power of attorney and now has dementia.
Guardians ad litem can be appointed by the court to represent the interests of mentally ill or disabled persons.
Estates
Guardians ad litem are also sometimes appointed in probate matters to represent the interests of unknown or unlocated heirs to an estate.
A guardian is a fiduciary and is held to a very high standard of care in exercising his powers. fiduciary duty is a legal relationship of confidence or trust between two or more parties most commonly a fiduciary or Trustee and a principal If the ward owns substantial property the guardian may be required to give a surety bond to protect the ward in the event that dishonesty or incompetence on his part causes financial loss to the ward. A surety bond is a Contract among at least three parties The principal - the primary party who will be performing a contractual obligation The obligee
Depending on the jurisdiction, a legal guardian may be called a conservator, custodian, or curator. Many jurisdictions and the Uniform Probate Code distinguish between a "guardian" or "guardian of the person" who is an individual with authority over and fiduciary responsibilities for the physical person of the ward, and a "conservator" or "guardian of the property" of a ward who has authority over and fiduciary responsibilities for significant property (often an inheritance or personal injury settlement) belonging to the ward. The Uniform Probate Code ( commonly abbreviated UPC) is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL Some jurisdictions provide for public guardianship programs serving incapacitated adults or children.
Situation in other countries
Germany
While the German law has de jure became more liberal, the opposite is happening de facto: More and more persons are brought to Mental hospital against their will based on the Legal Guardianship law instead of the Mental health law, the Legal guardian decides, and the police carries it out, because this is easier for the police, the court, the municipal offices etc:
A person in Mental hospital based on Mental health law has some rights, while a person in Mental hospital based on Legal Guardianship law - in many cases - de facto has not. Mental health law is the area of the law that is applied specifically to persons with a diagnosis or possible diagnosis of mental illness and to the people involved in managing or treating
Lawyers in this country also have, according to "Werner Fuss Zentrum", the tendency to abuse the Legal guardianship law for other purposes [1].
References
- ^ Message from "Werner-Fuss-Zentrum werner-fuss@gmx. de on Feb 22 2008 in Newsgroup de. sci. medizin. psychiatrie, Message-ID: <b3daa7eb-1f97-4e53-b359-24a94c34601b@v3g2000hsc. googlegroups. com> - this refers to "Report Munich" TV feature from Feb. 25, 2008
In California, the term Guardianship refers to a proceeding relating to minors. A Conservatorship in California, is the equivalent of a Guardianship, except that it is created for adults. http://www.SirkinLaw.com.
See also
External links
- National Guardianship Association (USA)
- Mental Capacity Act 2005 (England and Wales)
- Barry Yeomaobvb, Stolen Lives, AARP: The Magazine
- How to Create, Manage & Terminate a Washington Guardianship --- Free Guardianship Forms & Instructions
- National Association to Stop Guardian Abuse (NASGA) USA
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