Juvenile Court

A special court or department of a trial court which deals with under-age defendants charged with crimes or who are neglected or out of the control of their parents. The normal age of these defendants is under 18, but juvenile court does not have jurisdiction in cases in which minors are charged as adults. The procedure in juvenile court is not always adversarial (although the minor is entitled to legal representation by a lawyer). It can be an attempt to involve parents or social workers and probation officers in the process to achieve positive results and save the minor from involvement in future crimes. However, serious crimes and repeated offenses can result in sentencing juvenile offenders to prison, with transfer to state prison upon reaching adulthood with limited maximum sentences. Where parental neglect or loss of control is a problem, the juvenile court may seek out foster homes for the juvenile, treating the child as a ward of the court.

Examples of juvenile delinquency can be grouped into one or more of the following three categories:

• Regular delinquency –handled by the juvenile courts and justice system.

• Criminal behavior – handled by the (adult) criminal justice system.

• Status offenses – handled by the juvenile courts.

Parental Rights

In the context of family law, parental rights are a parent’s rights to make important decisions and to take actions on behalf of their child or children. These rights are considered to automatically apply to biological parents. These rights also apply to: Adoptive parents; Foster parents; and, in some cases, Legal guardians.

Examples of Parental Rights include: Assuming legal and physical custody of their child or children. Possessing certain rights concerning visitation and contact with their child or children. Making decisions regarding fundamental matters for their child or children, such as: education; religion. Passing property to their child or children through inheritance. Entering into a contract on behalf of their minor child or children.

A court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. While a divorce is pending the court may grant temporary custody to one of the parents, require conferences or investigation (in some states, if the parents cannot agree, custody is automatically referred to a mediator, commissioner or social worker) before making a final ruling. There is a difference between physical custody, which designates where the child will actually live, and legal custody, which gives the custodial person(s) the right to make decisions for the child's welfare. If the parents agree, the court can award joint custody, physical and/or legal. Joint legal custody is becoming increasingly common. The basic consideration on custody matters is supposed to be the best interests of the child or children. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The court can always change custody if circumstances warrant.

Examples of Child Custody include: Physical Custody, Legal Custody, Sole Custody, and Shared Parenting.