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Alec Scott Rose

Alec Rose’s Answers

1,078 total

  • My sons 16 y/o girlfriend is 8 months pregnant. Can she move out?

    Her mom is verbally abusive and has raised her hand as if to hit her recently. She is worried for herself and the baby. My son has a job and is responsible. She would like to live with us or even her dad if possible. her mom currently has full cus...

    Alec’s Answer

    A minor can be released from the care of her parents by emancipation. There are forms available here: and information available here:

    In short, she can be emancipated if she is financially self-sufficient and sufficiently mature to manage her own affairs, getting married, or joining the armed forces. Joining the military or marrying both require parental permission.

    To emancipate a minor based on self-sufficiency, the court must find that there is compelling evidence and reasons for her independence. "My parents and I fight" or "my parents don't approve of my friends" are usually not sufficient. Having her own child to raise could be sufficient, provided that she is able to support herself and her baby, and exhibits sufficient maturity. If this is the right way for her to go, she should speak to an experienced family law or juvenile law attorney.

    There are alternatives to emancipation. Experienced child and family counselors can work miracles with these situations, and teach teens and parents to communicate and negotiate respectfully and lovingly. Even if she is not emancipated, her parents can approve of her living in another suitable arrangement, such as with a responsible relative, family friend, or at a boarding school or college. Such an informal arrangement requires parental consent.

    She can find out more information about counseling from her health plan, from her doctor, from her school guidance office, or from your community's mental health agency.

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  • What are the penalties on a 15 year old for extortioning 10,000 of an adult?

    A 15 year old girl with no criminal record is extortioning her uncle for 10,000 or else she will reveal to the police and family that he molested her. The molestation occured when she was 7/8 years old. Note: He did molested her.

    Alec’s Answer

    This is a totally inappropriate way to resolve this problem. Extortion is a felony in California, even if the facts underlying the extortion are true. Penal Code Sec 519, 524 (see links) explain the law.

    A person who commits extortion can potentially be confined (or as a juvenile, placed in an out-of-home placement, which could be a confined setting) for several years. Such a person could also be placed on probation, subject to various requirements, such as fines, counseling, no contact order with the extortion victim, etc.

    If you are a family member of this teen, or someone who cares about her, she needs to get help from a qualified psychological counselor. To find a counselor, she or her parents should contact her family's health insurance, ask her school guidance office or family doctor for a referral, or consult a battered women's shelter or planned parenthood. She doesn't need parental permission to seek counseling, can request confidentiality, and does not have to identify the abuser.

    If you are a friend or loved one of the uncle, he needs to immediately consult with an experienced criminal defense lawyer. Sexual crimes involving young children carry severe penalties, including some that carry a life sentence. The uncle may be subject to being prosecuted until the young lady turns 28 years old, and possibility forever.

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  • What if i want to add a middle name on my current name?

    I am the 15 year old girl who ask about the name change 4 days ago and i'm wondering about adding a name. Does my mom need to pay anything? Or do we need to go on court or we just need to fill up a paper during the citizenship interview?

    Alec’s Answer

    If your full name is "Mary Kay Smith" and you just want to be called "Mary Kay" instead of "Mary," no legal action is needed. Same if you want to be "Kay Smith" or "MK".

    If your name is "Mary Kay Smith" and you want all of your official actions (driver's
    license, school records, bank, etc) to refer to you as something that isnt a combination of "Mary" "Kay" and "Smith," you need a formal legal name change.

    If you just want your teachers and friends to call you by a preferred name that is different from your legal name, just ask your school if there is an official policy. Usually teachers have no pr

    If you want to formally change your name, you have to file a legal name change petition, unless you are changing it as part of marriage, divorce, or when being adopted. If you are under 18, all parents with legal custody of you must consent. There is a filing fee and there is a fee charged to publicly announce the change.

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  • Age of consent in Indiana

    I am 34 years old and I started dating a girl that was 17. I know the age of consent is 16 and I know many of you will say its disgusting or immoral, but for once in my life I have Been happy. Anyways, her mom said she is going to send me to ja...

    Alec’s Answer

    Regardless of the age of consent, parents have the right to disapprove of their minor children's friendships and activities. They can forbid their daughter to associate with you, and can potentially obtain a restraining order.

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  • I am a sex offender who commited a crime when i was 17 can I join the army?

    I was charged as an juvenile they put me for povetion for 2 year can i join the army ?

    Alec’s Answer

    The army offers a list of "disqualifiers" at this link:

    If you don't see a clear answer, your local military recruiter can usually find out for you. Bring the recruiter your case paperwork or whatever details you have. If you are disqualified, ask if any further legal action, such as sealing your record, or having your case reduced can help.

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  • Iam 17 and turning 18 in five months will my 22 year old boyfriend get in trouble .and i also have a baby who is a year

    will he be aressted .would my parents get him in trouble.also my baby is not his and hes fine with that he supports me and the baby.

    Alec’s Answer

    • Selected as best answer

    The age of consent for sexual activity in California is 18. A person more than three years older who has sexual activity with a 17 year old is committing a felony.

    The fact that you already have a baby, that your parents may approve or acquiesce to the relationship does not change the fact that he could be arrested and prosecuted.

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  • Do I need to hire a lawyer to help my 16 year old nephew get emancipated?

    He gets good grades, lives with a good family, has a car, and is mature.

    Alec’s Answer

    If your nephew is doing well and has a good family, what is the need for emancipation?

    In California, emancipation is available for minors aged 16 and older who have married, joined the armed forces or have been emancipated by the court. It usually occurs when the parents are unable to care for the minor or other extenuating circumstances have arisen. An emancipated minor must still attend school.

    Other remedies exist for minors who don't get along with their parents. In most families, seeing an experienced family counselor can help parents and teens live and communicate effectively and respectfully. In some families, parents consent to the teen living away from home (such as with an aunt or uncle, an older sibling, or attending a boarding school or college).

    To be emancipated by marriage or joining the Armed Forces, the minors parents must consent. To be emancipated by the court, the court must be persuaded by evidence that the minor is mature and financially self-sufficient, and that his or her best interests are served by living independently from his or her parents. There must be a compelling reason. "My parents are disabled and cannot care for me" may be a compelling reason. "We don't get along/my parents are restrictive/My parents don't want me to date" are not compelling reasons.

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  • Questions about sex laws in Massachusetts

    Is it legal for two 14 year olds to have sex? Is it legal for a 17 and 18 year old to have sex? What does age of consent mean?

    Alec’s Answer

    Massachusetts law forbids anyone to have sex with a person under age 16. (other specific statutes also forbid other sexual contact besides intercourse). There is a separate, (probably unconstitutional) law that forbids seducing a person of "chaste life" who is under age 18.

    If two 14 year olds have sexual contact in Massachusetts they are both breaking the law. Either child or both could be adjudicated delinquent.

    An age of consent is a legal rule, created by the State legislature that deems there to be a certain age below which a child has no personal right to consent to sex. Therefore, even if the minor was allegedly "wanting it," it is illegal for anyone, including another minor, to have sex with them.

    In some states "reasonable mistake of age" may be a defense to such crimes. Other states forbid such defenses. In some states, marriage or emancipation exempts a minor from the age of consent law. There is no state where "parental approval" or "she wasn't a virgin anyway" or "she came on to me" is a defense.

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  • Is there a way to move out when your 16 other then getting emancipated?

    My parents keep threatening to call the police if I don't shape up but I honestly have no clue what I am doing and they won't tell me what I am doing wrong. I do really good in school I participate in school activities and I am not a bad kid. They...

    Alec’s Answer

    In situations where parents and teens cannot get along, it is wise to consider family counseling. Counseling is available through most health plans or through your community's mental health agencies if you have none. A counselor can teach you and your parents to communicate and co-exist effectively, so that you can grow and assert your maturity and independence with their guidance, and they can learn to set and enforce rules and expectations that are clear, effective, and respectful to you. An experienced counselor can usually work wonders with these situations, in a few sessions. If your parents won't go with you, ask to see a teen counselor on your own.

    The legal options to strike out on your own are very limited. emancipation requires that you be financially self-sufficient, that the court find compelling reasons, and that it is in your best legal interest. "Compelling reasons" means something more important than respecting your parent's legal rights and authority to raise you. For example, "My parents are disabled and can't take care of me" might be a compelling reason. "My parents are too restrictive" or "my parents don't approve of my friends" is not.

    Other than that, you can get married, which requires parental permission, and you can join the military at 17, which requires parental permission.

    The only other option besides emancipation is to move to another home, college, or boarding school with your parents' permission.

    In less than two years, you are entitled to move out. If that's really the best option for you, focus on finishing high school, gaining employable skills and keeping a clean criminal record. Employers and landlords can do background checks, and you'll need a good-paying job to be independent.

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  • Is it legal for two 15 year olds to have sex?

    Were both 15

    Alec’s Answer

    A person under age 16 cannot consent to sexual activity in Alabama:

    Alabama does not have a close-in-age or "Romeo and Juliet" exception, so two fifteen year olds having sex would both be breaking the law. Parental approval or permission cannot override this law.

    Although Alabama's age of consent is 16, a person under age 18 is a minor, and is subject to their authority to disapprove of friends or activities they deem inappropriate. Teens over 16 shouldn't assume their parents or their partner's parents have no say in the matter.

    For more information about your rights and responsibilities regarding sexual behavior, go to your school guidance office, your school nurse, your family doctor, or a local planned parenthood clinic.

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