While the home should be the safest place for all children, this notion does not ring true for all kids. Some children experience the highest levels of physical, emotional and sexual abuse in their homes often from relatives and parents. There is no single element that has been attributed to the increased cases of domestic child abuse. Drug and alcohol abuse along with mental health conditions, however, contribute to it.
If you are suffering from domestic violence or know of a child going through the same, attorneys in Lebanon, Indiana, should be your first choice. Here, you will be guided through the available options the legal system has in place for kids undergoing various forms of abuse in their homes and given help in pursuing the best one for your case. The following are some of these options.
A Durable Power Of Attorney
The parents grant the durable power of attorney for minor children. This gives another adult the ability to make decisions on behalf of the minor in case the parent is unavailable. It is commonly used in cases of abuse where the parent will be away for some time seeking treatments for the cause of his/her violent nature. The adult who gets the durable power of attorney will receive state food, medical and education assistance for the child. This option will not terminate the legal rights a parent has and can be terminated at any time by him/her.
Here, the courts will grant a child’s custody to another responsible adult if proven that his/her parents cannot take care of him/her. Guardianship allows another responsible adult to make decisions for the child and cannot be ended at will by the biological parent. You will instead have to undergo another court session for the judge to determine that the issues that led to the guardianship have been addressed. Though this option will lend stability to a child’s life, it might not be as good a choice for parents struggling with mental and physical health issues.
This is an ideal choice for kids who are not less than sixteen years old. Emancipation allows the child to make his/her decisions without consulting the parents. The child will also be held responsible for his/her actions. To qualify for legal emancipation, the parents should agree to the choice, and the child should live for at least three months on his/her own. The child must also prove that he/she is self-sufficient using proof of employment or a school-going commitment.
These are generally used by parents who are fleeing an abusive home with their children but do not want to press criminal charges on the abuser. They stop an ex from performing specific actions and thus protect the kid and the fleeing parent. A non-molestation order tailored to things like the ceasing of communication, threats and harassment is the most common type of injunction.
Most children opt to run away from an abusive home. While this might initially seem like a good idea, it leaves them vulnerable to other forms of abuse on the streets. The above legal options are the ideal ones for the best interests of children to guarantee a happy and fulfilled childhood.