Topic Introduction: What are parental rights and how do they apply in specific family law situations? Bottom line: If parents can work out a custody agreement between themselves, then child custody is simple. It is when the two parents cannot reach an agreement that child custody becomes complex. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essayWhat are parental rights and how do they apply in specific family law situations? Parents ask lawyers questions like, “Could I have a chance at getting 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 may not be as specific as parents would like. The only thing that is certain is that court appearances are expensive, emotionally draining, and often accompanied by long waits for court dates. Regarding family law, it is particularly useful to remember two important points. Try to stay out of court and know the laws. First and foremost, parents should try to stay out of court. This means that parents should negotiate matters between themselves and their lawyers. “Parents should avoid court hearings with their testimony, their experts and the adversarial process. The traditional adversarial process forces people to choose sides rather than negotiate. The idea, however disguised, is to compete and win. Despite many advances in family courts and family law, the best advice is to do everything possible to resolve matters, especially those involving children, out of court" (Johnson 50). Secondly, parents should know the laws. This is especially important for those representing themselves in court, called In Pro Per. Parents must be aware of their own rights, the rights of their children and family law. In relation to the Superior Court of California, Alameda County, “California uses legal labels such as sole custody, physical custody, joint custody, and visitation.” It is important to understand the distinction between the different legal labels. According to sections 3000-3007 of the California Family Code, "the terms primary custody, sole custody, and sole physical custody usually mean that one parent has all, or substantially all, responsibility and authority for the children." Sole legal custody is a term used for decisions made regarding health, religion, and education. Joint custody and shared custody are terms used to define the division of authority and responsibility of each parent in raising a child. However, this does not mean that all decisions or time are equally shared. “Joint custody does not mean equal time. Most legal interpretations of joint custody hold that each parent is significantly involved in the raising of their child. This does not have to mean equal time. While an equal division of time is preferable, and more common, an equal division of time occurs in only a small percentage of families” (Ross 26). Visitation can take many forms, including reasonable visitation, which does not specify exact days and times, and scheduled visitation, which is more precise. Reasonable visitation allows parents to create their own visitation schedule. It does not specify which days and timesdays and times parents have their children. The order is very detailed. The impact of a stable arrangement on visits is more positive than the frequency of visits. "Children who receive regular visits up to three years after their parents' separation perform better and are more socially competent. Families who establish schedules in the first year of separation are more likely to maintain them" (Ackerman 97). usually divided into two categories: legal and physical. Legal custody is the right to make important decisions about your children. The parent who has been awarded legal custody is the guardian of the children and will make important decisions regarding the health, education, religion and well-being of the children. Physical custody is the right to have children live with their parent. Legal and physical custody are further divided into two other categories: sole and joint. Sole attributes the right exclusively to one parent, while jointly shares the right between the parents. The advantage of sole legal custody is that it can reduce parental conflict by clearly establishing who has the authority to make decisions. The downside is that by making one parent solely responsible for the child, the other parent is reduced to being a visitor. Sole legal custody may be appropriate when a parent is too unstable to make key decisions for the children. Joint legal custody requires that both parents share information and must consult and agree on matters regarding the children's health, education, religion and well-being. The scope of the issues may be stated in the custody order or may be left undetermined. “California, which has always been a leader in family law, enacted a joint custody provision in its divorce laws several years ago. In 1986, 33 states followed suit, and in most states it is now the preferred option. Courts are free to order joint custody today, even if one parent objects" (Lansky 122). Physical custody is the right to care for your children on a daily basis. As with legal custody, physical custody can also be awarded to a single parent or shared between them. Sole physical custody, also known as primary physical custody, usually means that children live primarily with one parent, and that parent is primarily responsible for supervising their daily activities. Joint physical custody shares day-to-day child-rearing decisions between both parents. Under joint physical custody, children typically spend more equal time with each parent. The advantage of joint physical custody is that parents will have frequent contact with their children." Parents who jointly make parenting decisions about their children are the parents who, fortunately, feel the least degree of injustice and for whom parenting agreements custody work best. Court decisions about custody are necessary only when parents disagree" (Lansky 124). When parents contest custody, the court may order a custody evaluation to help make the custody decision. Custody evaluations are often ordered when one parent accuses the other parent of harming the children. The purpose of the assessment is to assess each parent's ability to parent and assess the best interests of the children. Custody evaluations are conducted by mental health professionals, typically a psychologist or psychiatrist who specializes in child psychology. The downside is that the evaluator may be incompetent and provide a devastating evaluation. The quality of the evaluation iscrucial and plays a significant role in the final custody decision. “The judge follows the custody evaluator's recommendation at least 86% of the time in permanent custody disputes and 99.9% of the time in temporary custody adjudications pending resolution or trial of the case” (Garrity 51) . Family law can be complex and demanding. The decision to be represented by a lawyer or to self-represent is up to the parent. Lawyers can both litigate and negotiate. A good lawyer will facilitate out-of-court negotiations with the other parent's lawyer, preventing the case from becoming more expensive and public. The most successful lawyer is the one who knows how to push a good settlement out of court, not the one who is constantly involved in litigation. Referrals from friends and business acquaintances are the most common way to find a lawyer. A parent can also check the phone book or local bar association for referrals. The parent should ask for an appointment to interview the potential attorney. There may be no charge for a half hour consultation. It is best, if time permits, for the parent to interview at least three attorneys. The parent should feel a relationship and trust with the attorney and should know what the attorney feels about divorce, joint custody and child support. The parent should ask about the monetary range for a case similar to his or her own and should inquire about the fees and billing procedures. There are fixed rates, percentages and hourly rates. The parent will be billed for phone calls, correspondence, time spent in court, and time spent speaking with opposing counsel. A parent should never share an attorney with their spouse. It may seem less expensive, but in the long run it won't be. It is also illegal in the state of California. Even when a parent has a lawyer, they still have to do a lot of work. The lawyer cannot be expected to know all the answers, take on all the unpleasantness of the child's other parent, or change the other parent's behavior. In addition to lawyers, it's best to talk to friends and advisors about the pros and cons of the law, legal etiquettes, and parenting agreements. An In Pro Per parent maintains control over the decision making process. After all, it is the parent, not the attorney, who must live with the court order. When the parent allows another person (such as a lawyer) to make decisions, he or she loses the ability to influence the outcome. “Often, an attorney applies a “one size fits all” strategy that may not be right for the parent. Because every family is unique, the parent is the only person who can accurately say what is best for his or her children” (Oddenino 79) . No matter how great the intentions, the lawyer cannot fully cover the parent's situation. In that case, it is best for the parent to represent themselves. To help a parent who is In Pro Per, many legal forms can be filled out online. EZLegalFile, http://www.ezlegalfile.com/index.jsp, is a website with an interactive program that helps parents fill out the forms necessary to request or respond to documents for a variety of legal matters, including the right to family. The parent first selects the county in which they live, then follows a tutorial for information on starting child custody proceedings or responding to legal documents the other party may have filed. After the parent follows the website wizard and answers the appropriate questions, the appropriate forms are completed by the program and can be printed for the parent to take to the local courthouse forarchiving. The Uniform Child Custody Jurisdiction and Enforcement Act defines a child custody proceeding as a proceeding in which legal custody, physical custody, or visitation of a child is an issue. The term includes a proceeding of dissolution of marriage, legal separation of the parties, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the matter may figure. The initial forms a parent must file when initiating child custody proceedings are an order to show cause, a request for an order and statement of support, a summons for child custody and support, a statement of income and expenses and proof of personal service. There may be other forms depending on the nature of the parents' divorce and whether there are any domestic violence allegations. The person who initially files the family law documents becomes known as the Petitioner and the child's other parent becomes known as the Respondent. An order to show cause is used when an order awaiting hearing (such as a temporary order) in a divorce, parentage, or other family law case is requested and the defendant has not been served with the summons and motion in a family law case. A notice of motion is used to modify prior orders and for initial orders after service of the summons and motion when no order pending hearing is requested. A Request for Order and Statement of Support is a form that specifically tells the court who the requesting appellant is. Specifies how much time the Complainant recommends that the Respondent have with the minor children and whether or not the Complainant is requesting child support. A parent who wishes to set a court date for a hearing before a judge must write a statement of support. The statement of support tells the court what the parent wants and why. This is a statement that explains the issues in the parents' case. The court reads all documentation prior to the parents' hearing date. Due to the large number of cases before a court, the judge cannot always allow sufficient time for both parties to fully explain their case verbally. Therefore, for every request made by a parent, the parent must provide specific facts that support the decision the parent wants the court to make. Headings are recommended, with lines spaced between separate issues. The parent must consider the important facts he or she wants the judge to know. You must also complete and file a child custody and support petition with the court. After being filed, the summons is served, by a third party, on the defendant. If one party is seeking child support from the other party, a child support case registration form must be filled out. The information on this form is included in a national database that, among other things, is used to locate absent parents. When a parent files a court order, the parent must complete the Child Support Case Record Form and file it with the court within ten days of the date the parent receives the court order. If any of the information on the Child Support Case Record Form changes, the court must be notified within ten days of the change. The form is confidential and, unlike the rest of the forms in a family law case, is not filed in the court file, which.