children's rights
The United States Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil, political, economic, social and cultural rights of children. Nations that ratify this international convention are bound to it by international law. Compliance is monitored by the United Nations Committee on the Rights of the Child which is composed of members from countries around the world. Once a year, the Committee submits a report to the Third Committee of the United Nations General Assembly, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child.
A child is a person and not a subperson over whom the parent has an absolute possessory interest. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children. Children are generally afforded the basic rights embodied by the Constitution. The equal protection clause of the 14th Amendment is said to apply to children, born within a marriage or not, but excludes children not yet born. There are both state and federal sources of child-rights law.
Governments of countries that have ratified the Convention are required to report to, and appear before, the United Nations Committee on the Rights of the Child periodically to be examined on their progress with regards to the advancement of the implementation of the Convention and the status of child rights in their country. Their reports and the committee's written views and concerns are available on the committee's website.
The United Nations General Assembly adopted the Convention and opened it for signature on 20 November 1989 (the 30th anniversary of its Declaration of the Rights of the Child).[5] It came into force on 2 September 1990, after it was ratified by the required number of nations. As of December 2008, 193 countries have ratified it,[1] including every member of the United Nations except the United States and Somalia.[4][6]
Two optional protocols were adopted on 25 May 2000. The first one restricts the involvement of children in military conflicts, and the second one prohibits the sale of children, child prostitution and child pornography. Both protocols have been ratified by more than 120 states.[7][8]
The Convention generally defines a child as any person under the age of 18, unless an earlier age of majority is recognized by a country's law.
a friendly divorce
by Stephania Munson
Okay -- so despite our best intentions, the marriage doesn't always work out. People change, fall out of love, decide to live differently either alone or with a new partner. Is there a 'best divorce'? Well, the divorce that seems least painful for all concerned is likely to be an end to the marriage from which both partners emerge with little to no rancor or malice. You've heard the surprisingly sane explanations: "We grew apart. It wasn't anyone's fault. Neither of us felt as happy in the marriage as we wanted to. The separation was a mutual decision."
Sometimes two people are 'in love with love.' After the fairy tale wedding and tinseled honeymoon, reality sinks in. Perhaps one partner begins to feel penned in, as if a committed relationship for life may not encourage the type of personal growth the individual craves. Or the other partner realizes she married 'on the rebound', and the decision to tie the knot with her 'second choice' husband was simply premature.
Though some women believe they 'settle' for a great deal less in a partner than had always been hoped for, this might not be a conscious realization. But then she suddenly feels that life owes her more than she bargained for. She begins to convince herself that she can 'do a lot better' in the mate-selection department.
A brutal lesson in human nature occurs when we realize how two people who once believed they were head-over-heels in love can be transformed into Worst Enemies during the throes of the divorce process. Though two vicious, vindictive people ending an ill-fated marriage is bad enough in itself, it's even worse when children are involved. Because children get caught in the parental crossfire.
Divorce can be civil if not amicable. Few of us hear of a truly 'friendly divorce.' But He, She, and Kids all fare a lot better when the couple involved in the divorce behave as rational, mature adults.
A short list of cardinal rules to be observed by Mom and Dad will improve everyone's adjustment to a reconfigured life. (1) Tell your children about the divorce together. (2) Assure them that neither of you will ever stop loving them. (3) Answer any questions they may ask. Yes, life will be different, but it won't be worse because your kids' needs will continue to be met by both parents. (4) Each partner must agree never to bad-mouth the other. (5) Honor visitation privileges, and be supportive of the other parent's time with the children. (6) Don't send messages to one another through the children. Continue to communicate if only in a polite, perfunctory way. (7) Both parents must expect and allow their children to vent, express feelings and opinions, and simply to talk. (8) Both parents should agree to abide by the same 'rules of the house' where the children are concerned (bedtime, whether junk food is permitted, types of movies allowed, etc.), so the kids don't play one parent against the other and to maintain as much consistency in the child's routine as possible.
But have you tried marriage counseling? How about pastoral counseling, where you explore the spiritual aspects of making a mutual lifelong vow to one another? Sometimes a separation is healthier for everyone, so simmering tempers can cool down. But what happens then?
Leave no stone unturned before ending up in divorce court. It's hard on everyone -- psychologically, financially, socially, you name it. And it's especially hard on the kids.
areas of practice
Family Law:
An area of the law that deals with family-related issues such as marriage, civil unions, domestic partnerships, adoption, surrogacy, child abuse, divorce, annulment, property settlements, alimony and parental responsibility. This growing discipline requires specialized approaches and a high level of experience.
Divorce and Separation:
If your marriage or relationship breaks down, you have rights that must be protected either in mediation, or in a court of law.
Divorce is when two parties agree that their marriage cannot be salvaged, and that dissolution is the alternative. The court ultimately must grant a divorce decree that divides assets and deals with issues of child and spousal support.
Voluntary separation is when two parties agree that they need to go their own ways. Even though it may not start out as a "voluntary" situation, the parties can eventually come to a mutual agreement that separation was inevitable.
Dissolution:
Dissolution refers to the termination of a contract or other legal relationship; for example, the dissolution of a marriage, or divorce.
Dissolution is also the term for the legal process by which an adoption is reversed. While this applies to the vast majority of adoptions which are terminated, they are more commonly referred to as disruptions, even though that term technically applies only to those that are not legally complete at the time of termination.
Cohabitation Agreements:
A form of legal agreement reached between a couple who have chosen to live together (whether they are heterosexual or of the same sex). In some ways, such a couple may be treated like a married couple, such as when applying for a mortgage or working out child support. However, in some other areas, such as property rights, pensions and inheritance, they are treated differently.
A cohabitation agreement contains documentation for a couple who want to live together in order to protect themselves from unnecessary cost and litigation should their cohabitation break down. They can clearly regulate their property rights and what arrangements might be made for mutual financial support, dealing with debt, caring for children, etc.
The agreement also, much like a prenuptial agreement, allows the individuals concerned to determine in advance who will keep specific assets and what will happen to assets that have been purchased jointly if they separate. This agreement is intended to bind both parties.
Prenuptial and Postnuptial:
A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage or civil union by the people intending to marry. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage.
A postnuptial agreement is a written contract executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It is normally "notarized" or acknowledged, and is usually the subject of statute of frauds. Like the contents of a prenuptial agreement, it can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage. In rare cases, a "prenup" may be enforceable even without a marriage, such as with a Domestic partnership or Registered partnership.
Domestic Partnership Agreements:
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union. However, in California, domestic partnership is almost equivalent to marriage, or to other legally recognized same-sex or different-sex unions. The terminology for such unions is still evolving, and the exact level of rights and responsibilities conferred by a domestic partnership can vary.
Domestic partners who live together for an extended period of time but are not legally entitled to common-law marriage may be entitled to legal protection in the form of a domestic partnership. Some domestic partners may enter into domestic partnership agreements in order to agree contractually to issues involving property ownership, support obligations, and similar issues common to marriage.
Child Custody:
Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While many parents cooperate when it comes to sharing their children, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent difficult custody battles that make the news and sometimes distort the public's perceptions so that it appears more prevalent than they are.
In some places, courts and legal professionals are beginning to use the term parenting schedule instead of custody and visitation. The new terminology eliminates the distinction between custodial and noncustodial parents, and also attempts to build upon the so-called best interests of the children by crafting schedules that meet the developmental needs of the children. For example, younger children need shorter, more frequent time with parents, whereas older children and teenagers can tolerate and may demand less frequent shifts, but longer blocks of time with each parent.
Child and Spousal Support:
In family law and government policy, child support or child maintenance is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent to a custodial parent, caregiver or guardian, or the government, for the care and support of children of a relationship or marriage that has been terminated.
Spousal support, or alimony, is much the same.
In family law, child support is often arranged as part of a divorce, marital separation, dissolution, annulment, determination of parentage or dissolution of a civil union and may supplement alimony (spousal support).
Visitation Rights:
Creating a child custody order between the parents in California, the court must also grant the noncustodial parent "reasonable visitation rights" . . . unless it is shown that visitation would be "detrimental to the best interest of the child." [Ca Fam § 3100(a)].
"Frequent and continuing contact" with both parents is often mandated by the court for the benefit of the child, therefore an order completely withholding a parent's visitation privileges may be issued only upon the courts finding that any form of visitation with the parent would be "detrimental" to the child's best interest. [Ca Fam § 3100(a)]. If the custody order does not provide for parent visitation rights but does not expressly withhold such rights, the noncustodial parent has an implicit right to "reasonable visitation."
Trial courts generally have broad discretion in defining a parent's "reasonable visitation" rights and establishing a visitation schedule. Subject to a few statutory limitations (below), the sole guideline is the child's best interest (Ca Fam § 3100(a)).
Paternity:
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.
Where paternity of the child is in question, a party may ask the court to determine paternity of one or several possible fathers (called putative fathers) based initially upon sworn statements and then upon testimony or other evidence.
A successful application to the court results in an order assigning paternity to a specific man, possibly including support responsibility and/or visitation rights.
Once a father has established paternity and, if he wishes to be part of the child's upbringing, he can effectively establish his parental rights with his child by filing a parenting plan.
Adoption and Surrogacy:
Adoption is the act of legally placing a child with a parent or parents other than those to whom they were born. An adoption order has the effect of severing parental responsibilities and rights of the original parent(s) and transferring those responsibilities and rights to the adoptive parent(s).
Surrogacy is a method of reproduction whereby a woman agrees to become pregnant and deliver a child for a contracted party. She may be the child's genetic mother (the more traditional form of surrogacy), or she may, as a gestational carrier, carry the pregnancy to delivery after having been implanted with an embryo.
Juvenile Law:
An area of criminal law applicable to persons not old enough to be held responsible for criminal acts. In most states, the age for criminal culpability is set at 18 years. Juvenile law is mainly governed by state law and most states have enacted a juvenile code. The main goal of the juvenile justice system is rehabilitation rather than punishment.
Juveniles can be transferred into adult court if the juvenile court waives or relinquishes its jurisdiction.
Mediation:
We also specialize in alternatives to litigation, including, but not limited to, mediation and collaborative law. These processes of resolving disputes without resorting to litigation is more cost effective and amicable, less time consuming and allows the client to have control in the process and final agreement.
Estate Planning:
One of the most important steps any person can take to make sure that their final property and health care wishes are honored, and that loved ones are provided for after they are gone. A comprehensive estate plan can resolve a number of legal questions that arise whenever anyone dies: What is the state of their financial affairs? What real and personal property do they own? Who gets what? Does a personal guardian need to be appointed to care for minor children? How much tax will need to be paid in order to transfer property ownership? What funeral arrangements are appropriate? Estate planning is often put off until it is too late. Why not take care of it today. Call our Estate Planning specialist, Maureen B. Isaacson at the Law Offices of Rosaline L. Zukerman, (310) 277-5277.
Trust Administration:
Trust administration involves overseeing the assets held within a trust. A trust is a form of legal property ownership in which an ownership interest in real or personal property is split. Trusts are commonly created as an estate planning tool, and the trust administrator then oversees the distribution of assets within the trust according to the wishes of its creator.
When a trust is created, in addition to naming the beneficiary or the person who is entitled to use the trust assets, a trustee must also be named. That trustee is responsible for trust administration. This means he or she is responsible for protecting the assets in the trust and ensuring they are used according to the wishes of the individual who established the trust.
Probate:
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under a valid will. A surrogate court decides the validity of a testator's will. A probate interprets the instructions of the deceased, decides the executor as the personal representative of the estate, and adjudicates the interests of heirs and other parties who may have claims against the estate.
The Law Offices of Rosaline Zukerman is adept and experienced in handling any of the above legal disciplines.