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.

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This is a preliminary draft. Pending changes are in The To-Do List