EMANCIPATING OUR CHILDREN - COMING OF LEGAL AGE IN AMERICA (FROM YOUNGEST MINORITY - LAWYERS IN DEFENSE OF CHILDREN, 1974 BY SANFORD N KATZ - SEE NCJ-31349)

• NCJ Number: 31354
• Author(s): S N KATZ; W A SCHROEDER; L R SIDMAN
• Date Published: 1974
• Length: 31 pages
• Corporate Author: American Bar Association
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE CHANGING STATUS OF THE CHILD WITHIN THE FAMILY AND IN SOCIETY MAY BE OBSERVED BY STUDYING DEVELOPMENT OF THE DOCTRINE OF JUDICIAL EMANCIPATION AND NOTING THE SHIFT IN EMPHASIS FROM JUDICIAL TO STATUTORY EMANCIPATION.

Abstract

THE AUTHORS SUPPORT THIS THESIS BY EXAMINING THE LEGAL MACHINERY, BOTH JUDICIAL AND STATUTORY, USED TO EMANCIPATE CHILDREN, JUDICIAL EMANCIPATION REFERS TO THE TERMINATION OF CERTAIN RIGHTS AND OBLIGATIONS ATTACHING TO THE PARENT-CHILD RELATIONSHIP DURING THE CHILD'S MINORITY. COURT DECISIONS RELATING TO BOTH PARTIAL AND COMPLETE EMANCIPATION, INTRA-FAMILY TORTS INVOLVING EMANCIPATION, THE MINOR'S WAGES AND DAMAGES, CHILD SUPPORT, EMANCIPATION OF INFANTS, EMANCIPATION AND THIRD PARTIES, AND VOTER REGISTRATION ARE DISCUSSED. STATUTORY EMANCIPATION IS CONCERNED WITH THE REMOVAL OF THE DISABILITIES OF A MINOR, AND THE MANNER IN WHICH THOSE DISABILITIES ARE REMOVED DISTINGUISHES THE FIRST TYPE OF STATUTORY EMANCIPATION, AN EQUITABLE PROCEEDING IN WHICH THE MINOR PETITIONS THE COURT TO BE RELIEVED OF THE DISABILITIES OF NONAGE, FROM THE SECOND TYPE, A SPECIAL STATUTORY ENACTMENT REMOVING SPECIFIC DISABILITIES OF MINORITY. JUDICIAL DECISIONS IN THESE AREAS ARE ALSO DISCUSSED, INCLUDING THE REMOVAL OF DISABILITIES RELATING TO MEDICAL TREATMENT, EDUCATIONAL SUPPORT, AND CONTRACTUAL COMPETENCE.