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where can i find information regarding laws that protect the…

Customer Question
where can i find information...
where can i find information regarding laws that protect the rights of minors in the military.
Their right as minors and the obligations of the military or federal goverment to protect them?
Submitted: 8 years ago.Category: Military Law
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Answered in 1 hour by:
2/1/2010
Military Lawyer: Anne_C, Lawyer replied 8 years ago
Anne_C
Anne_C, Lawyer
Category: Military Law
Satisfied Customers: 2,302
Experience: 15 Years' Litigation Experience; former NCO, US Army
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That's a really broad question. Is there a specific situation you have in mind?

 

And to confirm, you are talking about persons under the age of 18 enlisted in the US Military and/or attending a US Military Service Academy, correct.

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Customer reply replied 8 years ago

yes I am talking about a person under the age of 18 enlisted in the US military.To be specific: any law, rules or guidelines concerning gardianship responsibilities.

 

 

Military Lawyer: Anne_C, Lawyer replied 8 years ago

Are you asking if the US Military assumes guardianship of a child under the age of 18 who enlists in the military; and if it does, what that guardianship means?

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Customer reply replied 8 years ago
A parent or guardians signature is nessary for a person under 18 to enlist; so yes the military is basiclly assuming guardianship to some extent. My question was simply: where can I find the laws and articles that regulate this specific relationship.
Military Lawyer: Anne_C, Lawyer replied 8 years ago

That's actually not what happens. Once a 17 year old enters active duty, the 17 year old is deemed to be an emancipated minor. As an emancipated minor, he or she can incur the same obligations that an adult can, and he or she has the same rights as an 18 year old adult, except the right to vote.

 

That's why you aren't finding any laws, articles or regulations about that issue.

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Customer reply replied 8 years ago
My question was not answered. I want to know where to find that information that you described and emancipated minor. and yes the militay addresses every issue from the strings in your shoes to the food you eat.
Military Lawyer: Anne_C, Lawyer replied 8 years ago

Emancipation of a minor is determined on a state-by-state basis, not by federal law. Every state recognizes emancipation upon a child's entry onto active duty. Since your initial post indicated the jurisdiction as "United States" and you have not given me the state the child is from, I cannot tell you what statute or case law in the child's particular state contains this information.

 

The military's obligation to minors who have been emancipated by entry onto active duty is the same obligation it has to persons over the age of majority that have entered active duty.

 

If you are wondering what particular rights and obligations every service member has, those are contained in federal statutes; and in the regulations of the various branches of service. You also did not provide me with the particular service the child wants to enter, so I cannot direct you to the specific statutes or regulations that might be applicable to the child who might be enlisting. However, you can find that information by typing the name of the service branch, followed by the word regulations. For example, here is a website with all of the Army's publications which address everything from the strings in the military shoes or boots to the food that the Army serves: http://www.apd.army.mil/.

 

I realize these may not be the answers you want, but these are the only answers I can give you with the information you provided.

----

 

Anne_C, Attorney

SGT/E-5

Former enlisted member of US Army, US Army Reserves, and US Army IRR

 

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Customer reply replied 8 years ago

I was assuming the military had uniform codes and regulations, and that the federal goverment could not be trumped by state laws.

 

However the state is Pennsylvania and the branch is Navy.

 

My question was and is: Where can I find INFORMATION regarding laws that protect the rights of minors in the military. There rights as minors and the obligations of the MILITARY or FEDERAL GOVERMENT to protect them?

 

The second paragraph in your last reply says; the MILITARY'S obligation to minors who have been emancipated by entry onto active duty is the same as obligations it has to persons over the age of majority that have entered active duty.

 

Could you please tell me where I can review this information.

 

thank you

 

lttf.world

Customer reply replied 8 years ago

I was assuming the military had uniform codes and regulations, and that the federal goverment could not be trumped by state laws.

 

However the state is Pennsylvania and the branch is Navy.

 

My question was and is: Where can I find INFORMATION regarding laws that protect the rights of minors in the military. There rights as minors and the obligations of the MILITARY or FEDERAL GOVERMENT to protect them?

 

The second paragraph in your last reply says; the MILITARY'S obligation to minors who have been emancipated by entry onto active duty is the same as obligations it has to persons over the age of majority that have entered active duty.

 

Could you please tell me where I can review this information.

 

thank you

 

lttf.world

Military Lawyer: Anne_C, Lawyer replied 8 years ago

(Q1) I was assuming the military had uniform codes and regulations, and that the federal government could not be trumped by state laws.

 

(A1) No, that's definitely not the case, especially in the situation that you are describing. The federal government does not decide who has custody of children, or under what circumstances. They have ceded that function to the states, and state laws on the issue of child custody control.

 

If you or your friends have ever been involved in a divorce, it will not have been a federal court case. If you have followed any of the debate over medical marijuana, you will notice that more than half a dozen states allow it; but the federal government does not. Conversely, the federal government requires that all working persons be paid a minimum wage - and most states do not have their own minimum wage laws.

 

The various reasons federal law or state law may control in a given situation, and why and when, are year long Constitutional Law and Civil Procedure courses in law school.

 

If you are interested in more information about why these topics, here is a website with free on-line law lectures from some of the top US Law schools: http://jurist.law.pitt.edu/live.htm

 

(Q2) However the state is Pennsylvania

 

(A2) Pennsylvania emancipation law is based on common law, which means that Courts have issued decisions deciding when minors are emancipated. I cannot point you to a specific statute. "Instead, the practice of granting judicial decrees of emancipation has grown out of Pennsylvania case law describing the circumstances under which a court may find that a minor is emancipated", which is a quote from this publication: http://s13025.gridserver.com/files/publications/consent2ndedition.pdf

 

Here is a published case on the issue of emancipation of minors entering military service - and if you review the decision, you will see other cases on the issue:

Maurer v. Maurer, 382 Pa.Super. 468, 475, 555 A.2d 1294, 1297-98 (1989), (available at http://scholar.google.com/scholar_case?case=7918049906485588527&q=emancipation+minor+%22military%22&hl=en&as_sdt=800000000004)

 

(Q3) and the branch is Navy.

 

(A3) Here is a link to all Naval publications: http://doni.daps.dla.mil/default.aspx. You can look at these to determine the Navy's "shoelaces to food" obligations.

 

(Q4) My question was and is: Where can I find INFORMATION regarding laws that protect the rights of minors in the military. There rights as minors and the obligations of the MILITARY or FEDERAL GOVERMENT to protect them?

 

The second paragraph in your last reply says; the MILITARY'S obligation to minors who have been emancipated by entry onto active duty is the same as obligations it has to persons over the age of majority that have entered active duty.

 

(A4) It appears that you expect me to give you a federal law or military regulation that says that 17 year old sailors are entitled to special treatment or protection because of their age. I can't point you to that law because it doesn't exist. Minor sailors are emancipated and are adults under the law. They are treated the same as any other sailor. They make the same money; they receive the same training; and they fight the same wars.

 

Conclusion

 

I am concerned that because you thought the military assumed guardianship of minor sailors and that you keep asking me for law that states that the service has special obligations towards minors, some recruiter has mislead you or the child who wants to enlist. I can only tell you the law that is there, not what a recruiter may have said was there.

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Customer reply replied 8 years ago
You state that, minor personal are
Customer reply replied 8 years ago

You state that, minor personal are emancipated and are adults under the LAW.

Please point me to that LAW or information regarding that Law.

 

thank you

Military Lawyer: Anne_C, Lawyer replied 8 years ago

Respectfully, XXXXX XXXXX provide you with the law, and I will explain why.

 

In the United States, there are two harmonized sources of law.

 

One is legislative, where a governing body enacts a statute/law addressing a specific situation.

 

The other is "common law" or case law, where the law arises from how a Judge decides a case. In order for "common law" to control a specific situation, the Judge's decision has to have been reviewed and affirmed by an Appellate Court or higher. The decision has to have been "published."

 

Some states (Florida and California, for example) have specific statutes/laws that state how a minor is emancipated.

 

Many states - Pennsylvania is one of them - to not have statutes/laws that state how a minor is emancipated. This is from the Lancaster County, PA court website " In Pennsylvania, there is no general emancipation statute which explains procedures to follow to obtain that legal status." http://www.co.lancaster.pa.us/prose/cwp/view.asp?a=855&q=558596

 

That means that when determining if a minor is emancipated, you look and see how Appellate Courts have made that decision and see if the child being emancipated is in the same situation.

 

I gave you this response:

 

"Pennsylvania emancipation law is based on common law, which means that Courts have issued decisions deciding when minors are emancipated. I cannot point you to a specific statute. "Instead, the practice of granting judicial decrees of emancipation has grown out of Pennsylvania case law describing the circumstances under which a court may find that a minor is emancipated", which is a quote from this publication: http://s13025.gridserver.com/files/publications/consent2ndedition.pdf

 

Here is a published case on the issue of emancipation of minors entering military service - and if you review the decision, you will see other cases on the issue:

Maurer v. Maurer, 382 Pa.Super. 468, 475, 555 A.2d 1294, 1297-98 (1989), (available at http://scholar.google.com/scholar_case?case=7918049906485588527&q=emancipation+minor+%22military%22&hl=en&as_sdt=800000000004)"

 

What I was doing was giving you a case (common law) that held that a minor entering onto active duty is emancipated. If you look at that case using the link I provided, you will see references to many other cases that have reached the same decision.

 

Here are some publications that may help you understand how this works:

 

http://www.jlc.org/factsheets/emancipationpa/

http://www.jlc.org/factsheets/emancipationus/

http://www.co.lancaster.pa.us/prose/cwp/view.asp?a=855&q=558596

 

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Customer reply replied 8 years ago

Thank you Attorney ANNE_C.

The information you have provided is very helpful.

 

Respectfully

 

lttf.world

Military Lawyer: Anne_C, Lawyer replied 8 years ago
You are very welcome.
Anne_C
Anne_C, Lawyer
Category: Military Law
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Experience: 15 Years' Litigation Experience; former NCO, US Army
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