An Essay on Parental Rights and Their Appliance in Specific Family Law Situations

An Essay on Parental Rights and Their Appliance in Specific Family Law Situations

Document details
Category: Legal Studies and Law Essay
Subcategory: Law and Society
Words: 3108
Pages: 5

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 I have a chance to get sole custody?" "What is joint custody?" and "If I take my case to court, what chance will I have that the judge will see it my way?" The answers to these questions...

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