Legal Age of Majority Montana

For child support purposes, the age of majority is 18 in most states, 19 in Alabama, Colorado, Maryland, and Nebraska, and 21 in D.C., Indiana, Mississippi, and New York, with exceptions for a later age of majority if the child is still in high school.) To begin the discussion on the rights of people under the age of majority, Applegate acknowledged that “no area of law is more in flux than the legal rights of children.” “The problem,” he wrote, “is not that there are conflicting court decisions on the rights of people under the age of majority — this applies to other areas of civil rights — but that there is not even a rough overview of the types of rights of young people. The provision on the rights of minors was made possible because the Convention – and the Commission`s studies used in it – served as a “small laboratory” as the initiator of new rights. The chapter of the study on the rights of juveniles was based on the growing activity in the area of juvenile justice, both at the national and state levels, in compiling information for what would become article II, section 15. Rick Applegate, Bill of Rights Study 301–05 (Const. Conv. Study No. 10, 1972) The study focused in particular on recent decisions of the United States Supreme Court on the rights of minors in two contexts: the juvenile justice system and schools. The age of majority is different from the age of consent, at which a person can legally consent to sexual intercourse. The age of majority also differs from other legal age groups, including voting age, driving age, and marriage age. The following table outlines some of the key provisions of Montana`s age laws. For more information, see Emancipation of minors and Basic principles of parental responsibility. Each state may have additional provisions regarding the age of termination. In addition, some States allow the donor or assignor to indicate a different age of notice at the time of the donation or transfer.

Note that the age of termination does not necessarily coincide with the age of majority in the state. The age of majority is the age at which a person can sign contracts (i.e. more “child advocacy”). The age of separation is not the same as the age of majority. In most cases, the age of termination comes later. (The age of majority for signing treaties is 18 in most states, except Alabama and Nebraska, where it is 19, and Indiana, Mississippi, New York, and Puerto Rico, where it is 21. The study highlighted the importance of the 1969 U.S. Supreme Court decision in Tinker v. CMTY monks. Sch.

Dist., 393 U.S. 503 (1969). the evolution of legislation on the rights of minors. In Tinker, three middle and high school students were suspended for wearing black armbands to school in protest against Vietnamese War.Id. at 504. With respect to certiorari, the U.S. Supreme Court has ruled that children, as “persons,” have constitutional rights under the U.S. Constitution, including freedom of speech and expression, that they do not simply take in school gate.Id. to 506.

The study cites Justice Fortas` majority opinion in Tinker: “[Students] have fundamental rights that the state must respect, just as they themselves must respect their obligations to the state.” Applegate at 302, quotes Tinker, 393 US at 511. Professor Richard Roeder wrote a summary of the Constitution, which was published in many Montana newspapers, stating that Article 15 was as follows: “Extension of procedural guarantees and rights to adults under 18 years of age. [Article 15] emphasizes that if society considers that minors need special treatment in judicial proceedings, it must also ensure that it does not restrict other rights. Richard Roeder, 1972 Montana Constitution Newspaper Supplement 2. An adult is held legally responsible for their own actions, such as signing a contract or committing a crime. Before reaching this age, a person is considered a minor child. Note: If you have a legal guardian, all of the information in this “Parents” section also applies to the parent or guardian and to you. Delegate Proposal No. 87 (Foster): The rights of persons under the age of majority include, but are not limited to, all the rights of a Montana person.1 Mount Const. Convention 199 (2 February 1972). Chrestenson v.

Chrestenson, 589 P.2d 148, 149 (Mont. 1979) (on the grounds that 18 is an important dividing line for the purposes of legal obligations such as custody and maintenance obligations, these obligations have therefore been removed for persons under 18 years of age). Chrestenson v. Chrestenson, 589 P.2d 148, 149 (Mont. 1979). Note: Montana`s laws are constantly changing: contact a Montana family law attorney or do your own legal research to review the state laws you`re looking for. Delegate Proposal No. 65 (Monroe): Persons under the age of majority are persons. These persons have the right to the emotional, social, physical, educational and moral environment necessary to realize their full potential. Consistent with this policy statement, the rights of persons under the age of majority include, but are not limited to, all of the fundamental rights of a Montana person, unless specifically excluded by law, and the requirements of an appropriate parent-child relationship. 1 Mont. Const.

Convention 166 (29 January 1972). Mississippi has the highest age of majority in the United States The age of majority in Mississippi is 21. The Montana Legal Services Association (MLSA) provides free civil legal assistance to low-income individuals. Contact us to see if you qualify: When it comes to taking certain legal actions, Montana law allows a minor to file a lawsuit to enforce their rights — even if a guardian must take the actual action for the minor. Gerard Neely edited the Con Con Newsletter during the Constitutional Convention. The March 10, 1972 issue contained statements on the exemption from Article 15: “The exception to the extension of rights to minors is when laws `strengthen the protection of such persons.` The provision, if passed, will open up many successful legal disputes due to the current treatment to which minors are legally subjected. A law that strengthens the protection of such a person is not necessarily the same as a law that expressly excludes certain rights for a person under the age of majority.