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The child custody laws are made, especially for the couple who is seeking a divorce, and the future of the kids need to be decided by the court. Depending on the child’s age one can file the child’s custody and visitation rights based on several actions. If the child is too young to make their own decisions, the court will consider other factors which will include the financial condition of the parents or any sort of addiction. If the child is a teenager, then he or she can have more opportunities to put their point for their wishes and how the divorce will affect him or her. The teenager will be assessed through a lot of things before their opinions will get considered by the court. Things like schooling, lifestyle, and visiting time are some of the things that teenagers can have their say at. Here are the factors that are necessary for teenagers to put forth their opinion about divorce and how they want to proceed from thereon.
The minimum age is not mentioned for the kids to put forth their opinion. However, younger children rarely get this opportunity, as they may not make the best decisions for themselves. Teenagers are capable of making better decisions for themselves, which is why they can have a say at such cases.
The intelligence of a child is also considered during the judgement of the custody. The academic performance and extracurricular performance of the child can be proof for child’s responsible nature. It can help figure out whether the child is able to take care of self and is motivated for their future career. These qualities let the judge decide whether the child will take a smart decision for his or her studies and responsibilities or not.
The teenager should be mature enough to understand what divorce would actually mean for them. The judge needs to determine the maturity and reasoning skills of a teenager before considering their opinions. The maturity of a child is assessed through their testimony, evidence, and presentation. The judge may also take a private session with the teenager before making a decision.
The judge will also consider the experience of the child with each of the parent. There will be direct communication and a series of Q&A to determine whether the child has good relations with the parent who is claiming the custody. The teenager can share positive and negative experiences with each parent and the health of the relationship with both. The exposure of parents from the teenager will affect the decision of custody.
The reasons that the teenager will give for choosing custody will be considered in the final stages of judgement. It will be used as a point in the divorce hearing. If the teenager uses proper demonstration and reasoning for communicating their preferences even without any evidence, their wish will be considered in the hearing.
There is a separate section in the federal and state laws to protect the creative properties of people, which include writings, music, paintings, photography, films, and other art. This body of law is known as the Intellectual Property Law. Under this law, a person can make copyright, trademark, and patent their work in various situations, and each one comes with certain limits and technical rules. Under permission to use creative works, you will only think of the copyright law. However, other factors like trademarks, trade secrets, privacy rights and publicity can also be helpful in certain types of works. Here are the types of intellectual property law explained, that offers the right permissions.
The federal copyright law protects the original creative works of a person, such as writings, paintings, software, architecture, and dance. To get a copyright a work must meet certain conditions to qualify the copyright protection. Depending on the date of publishing, the length of protection can also vary. With the copyright, others cannot claim your work as theirs and cannot use it without your permission.
The trademark law is used to protect the identity of a name. It can be for an art piece, a company, or a book. The brands like Apple, Mircosoft, and Gucci have their names, logos, and slogans trademarked so that other manufacturers cannot use the same name, logo, or slogans to identify their services. Trademark receive a different degree of protection. It depends on the type of service, product, geographic area, and consumer awareness of the brand name.
Federal and state laws protect sensitive information about a business or intellectual property. A confidential marketing plan for a new product is an example of a trade secret. It can be implemented to gain an advantage over the competitors by keeping a new technology or a secret recipe away from them.
Right of Publicity
The right of publicity protects the image of a person. These laws protect a person’s name or image from being used for commercial purposes. Any issue of one’s picture on an advertisement for a product packaging can be solved with the right of publicity laws. One can claim their rights even after their name and image is used without their permission. However, having a notice before the image is published can have more advantages.
Right of Privacy
Right of privacy is not a part of the intellectual property laws, but it preserves the right of all people to keep their privacy. Invasion of privacy can occur when someone used another person’s information, image, or name for publishing or public exploitation. Right to privacy laws prevents one from intruding into another person’s private information. This includes presenting private facts about someone or falsely portraying their image in society.