Rights of Children and Parents
Guardians can under no circumstances be forced to lose custody of a
child, except as a sometime corollary of separation of previously
cohabitating parents or guardians, or in the case of physical abuse of
the child by the guardian which has lead to conviction in a court of
law, or in the case of a protracted failure, of documented duration
exceeding 6 months, to provide for the needs of the child as
enumerated forthwith. All guardians are legally bound to provide for
the housing, nutritional, educational, and medical needs of their
guardees. These requirements are to be detailed in a widely available
form.
The requirements set forth regarding accomodation of housing needs
must not extend beyond the basic necessity of protection from the
elements and from infectious or toxic filth in the domicile. The
requirements set forth regarding education must not dictate enrollment
in a formal program, or otherwise require the guardian to pay for the
education of the guardee, and in any case must not require education
outside the range of basic skills limited to arithmetic,
reading/writing in the language of state business, and a basic
understanding of this document. A basic understanding of this
document must be an educational requirement. The requirements set
forth regarding accomodation of medical needs must not mandate
enrollment, subscription, admission, or submission to any program on
the basis of state, industry, or peer recognition or sanction, and
must not mandate the use of any psychoactive drug as defined in
§ Regulation of Psychoactives.
If a child is without guardian, it is the responsibility of the state
to provide for the needs of the child and with unremitting speed to
seek a foster guardian. If a child is without guardian by reason of
the guardian's imprisonment, the child must be returned to the custody
of the imprisoned guardian upon his/her release.
A guardian or pair of guardians can mutually transfer a child and
guardianship therefore, to another guardian or pair of guardians. The
receiving guardians assume all the responsibilities, and gain all the
privileges, of guardianship enumerated herein.
In the case that guardians separate, the child can choose which
guardian to live with, or choose to split time between the two. The
guardian chosen by the child assumes all the legal responsibilities of
parenthood. If the child expresses no preference, but the guardians
have worked out their own mutual preference, the parents' preference
takes effect. If the child expresses no preference, and neither
guardian wants custody or both guardians want custody, then if one of
the guardians is the genetic mother who personally exclusively
breast-fed or breast-feeds the child, custody is hers, unless the
mother has a record which includes conviction for violent crime and
the father's does not. If the terms of the foregoing are not
satisfied, then the guardian who is distinguished by being the most
immediate genetic ancestor gains custody, unless that guardian has a
record which includes conviction for violent crime. If the terms of
the foregoing are not satisfied, then the judge of the court decides
who will gain custody, on the basis of who is best suited to
provide for the needs (enumerated above) of the child, and who is most
emotionally and intellectually suited to the demands of guardianship.
Temporary custodial rights of at least one day per week (which can be
accumulated for up to a year to permit accumulation of lengthy
contiguous periods of custody), by a genetic parent, or by anyone who
was formerly a guardian and with whom the child expresses a desire to
spend time, cannot be denied, except that law can specify a basis for
denial if the prospective temporary custodian has been convicted of a
violent crime.
In any arrangement of temporary custody, the temporary custodian must
promptly honor requests of the child to be returned to a current
guardian that persist for more than 24 hours, within the limits of
transportation time, and must immediately report the requests, within
the limits of available means of communication.
previous section "Prohibition of Sexual Acts by Adults with Non-Adults"
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This is a preliminary draft. Pending changes are in The To-Do List