visitation

Protection Of Parental Rights Worldwide

Families form an integral part of the society. And as unbelievable as it might sound, some of the most complex and difficult lawsuits out there essentially deal with conflicts between parents and their children. That being said, it is imperative to understand the very fabric of how a family should legally function in order to minimize disputes. And that is where parental rights come into picture.

 

As the name suggests parental rights all around the world refer to the legal rights of parents over taking important decisions and actions on the behalf of their child. In other words, the family laws in any given country dictate a few important terms that award the parents a legal right to exercise their discretion in the best interests of the child.

What Are The Different Parental Rights?

Regardless of whether they are a child’s biological parents, legal guardians, foster parents or adoptive parents, all parents typically possess the following parental rights:

 

1.  A legal right to acquire both physical and legal custody of the child

2.  A legal right to make important decisions for the treatment of an ill child

3.  A legal right to sign up contracts on the behalf of the child

4.  A Legal right to nominate the child as a legal heir form property   inheritance

5.  A legal right to child visitation in the event of a separation or divorce

 

It is important to note here that although the basic fundamental parental rights are the same worldwide, there might be subtle variations in the clauses depending upon the specific national or state laws.

The Need For Protecting Parental Rights

Active protection and preservation of parental rights are critical to minimizing parent-child conflicts and ensuring peace and harmony within families. It goes without saying that children are spiritually, mentally and emotionally closest to their parents. That being said, it is the responsibility and the right of the parents to invest their greater experience in life in preparing their kids to take on the world fearlessly and with great confidence.

 

It is the parents who essentially have the most comprehensive understanding of what is best for their children. And that is why it is their legal right to not only guide their child towards the path of virtue and success in life but also make critical decisions on the latter’s behalf when he/she is not mature enough to do so, on his/her own.

 

Studies indicate that a strong parental involvement can be extremely beneficial for the healthy development and emotional well-being of a child.

 

Here are a few reasons why protection of parental rights is equally important for the empowerment of the child as the parents:

 

1.  Parents can exercise their rights in guiding the lifestyle choices  (such as education, dietary habits) of their children and ensure that the latter grow up to be healthy and confident adults.

2.  Children who have deeply involved parents are likely to not only   secure better grades at school but also excel in their favorite   hobbies and extracurricular activities.

3.  Parents who exercise their rights in nurturing their child with  their experience and better understanding of the world are likely to have their children develop greater communication skills and be more socially competent in their adulthood.

4.  Protection and enforcement of parent rights has been found to  significantly reduce the chances of the teenage children straying  from the right path and developing addictive habits of drug or  alcohol abuse.

 

Most importantly, the protection of parental rights must be upheld worldwide to ensure that the children are able to benefit from the experience and social exposure of their parents for leading a happy and fulfilling life themselves.

 

Shulman Family Law Group

Maya Shulman, Esq.

SFLG

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The term ‘child custody’ indicates the rights and duties shared by parents with regards to caring for their children. The term ‘visitation’ on the other hand refers to how both parents will meet their kids and spend time with them.

It is suggested that a couple with children, filing for divorce in California, hire an experienced and reputable child custody lawyer. The attorney can have a detailed discussion with the client and analyze their specific case by focusing on the available facts.

These typically include:

1.  the nature of the relationship between each parent and the children (till date)

2.  a comprehensive analysis of any key issues that relate to the kids’ safety, health, education and overall welfare

3.  proof of neglect or abuse

4.  an assessment of the existing status quo and planning of the future by taking into consideration the best interest of the child

Visitation Orders In California

According to the California Legislature, the state courts shall prioritize the health, welfare and safety of the children while making custody or visitation related decisions. The state also has additional public welfare policy that guarantees consistent and frequent contact between children and both parents. This law encourages both partners to share all rights and duties associated with child rearing. It is important to understand that custody decisions are not dependent on a parent’s lifestyle, marital status, sexual orientation or religious beliefs.

The state of California offers these 4 types of visitation orders:

Scheduled Visitation

According to child custody legal experts, it is a good idea for parents to create a comprehensive visitation plan in order to avoid any confusion and conflicts. This means creating a visitation schedule that has the date/time details for children to meet their parents. These types of visitation schedules generally include vacations, holidays and special occasions such as birthdays, father’s day etc.

Reasonable Visitation

Unlike scheduled visitation orders, reasonable visitation orders may not always have every single detail regarding the visits. These orders will probably be open-ended which means that parents have the liberty to work out timings and dates mutually and as per their convenience. Such plans work quite smoothly when separated spouses share a friendly relationship are comfortable communicating and being flexible with each other.

Supervised Visitation

The employment of supervised visitation is usually done in two kinds of situations. It is commonly used when the court is doubtful about the sincerity of the visiting parent and feels that they cannot be completely trusted as far as the safety of the child is concerned. The lack of trust might be because the parent has previously been charged with a sexual offense or violent crime. Other factors could also contribute to the court taking this decision.

In the second situation, there may have been an estrangement between the visiting parent and the child due to some reasons. For this reason, the two require supervised visitation, at least for a certain period of time, till they get comfortable in each other’s company.

A supervised visitation order may ultimately turn into a scheduled or reasonable visitation arrangement.

No Visitation

The option of no visitation is exercised when a visit to the parent, even under supervision, might prove to be emotionally or physically dangerous for the child. In such cases, the court decides that it is best for the children and parent to be in absolutely no contact.

Besides custody orders, judges also usually draft child support orders. Custody and child support orders are separate. Hence, a parent cannot refuse their partner from seeing the child just because they aren’t providing the child support ordered by the court.

Maya Shulman, Esq.

Shulman Family Law Group

SFLG

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