What are parental rights and how do they apply in specific family law situations?

Essay by LL94588University, Bachelor'sA+, April 2004

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I.Introduction of topic: What are parental rights and how do they apply in specific family law situations?

II.Definition of terms

A.Pro Per

B.Sole legal custody

C.Joint legal custody

D.Primary physical custody

E.Visitation

F.Child custody proceeding

III.Options available for Family Court representation

A. Retain an attorney

1.Advantage: Attorney understands rights and rules of the court; Speaks on behalf of the parent in court

2.Disadvantage: Costly legal fees

B.Pro Per

1.Advantage: Minimal cost

2.Disadvantage: Labor and time intensive; Parent must research California Family Law; Parent represents self in court

IV.Child custody determination

A.Sole Legal Custody

1.Advantage: One parent makes all decisions concerning the child

2.Disadvantage: Other parent is completely excluded; has no parental rights in regard to the child's medical, religious, or educational needs

B.Joint Legal Custody

1.Advantage: Both parents share legal decisions concerning the child

2.Disadvantage: Parents must agree on decisions

C.Primary Physical custody

1.Advantage: Child lives with one parent more than 50% of the time

2.Disadvantage: Child sees the other parent less often

D.Visitation

1.Advantage: Child lives with one parent 100% of the time

2.Disadvantage: Child has minimal time with the other parent

E.Child Custody Evaluation

1.Advantage: Comprehensive, assists in making recommendation

2.Disadvantage: Costly and often one-sided; Only one parent benefits

V.Forms and Filings

A.EzLegalFile website

B.Order to Show Cause

C.Application for Order and Supporting Declaration

D.Summons for Petition of Custody and Child Support

E.Proof of Personal Service

VI.Conclusion: If parents can work out a custody agreement amongst themselves, then child custody is simple. It is when the two parents cannot work out an agreement that child custody becomes complex.

What are parental rights and how do they apply in specific family law situations? Parents ask lawyers questions such as, "Could...