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Difference between revisions of "Custody and Access"
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*The natural or adoptive parents of a child have a ''presumptive'' right to the custody of that child, except where they have abandoned the child or demonstrated a serious lack of fitness to have custody, as might be the case in situations of abuse or neglect. | *The natural or adoptive parents of a child have a ''presumptive'' right to the custody of that child, except where they have abandoned the child or demonstrated a serious lack of fitness to have custody, as might be the case in situations of abuse or neglect. | ||
*Custody should only be given to third parties when the natural or adoptive parents are unwilling, unable, or unfit to care for the child. | *Custody should only be given to third parties when the natural or adoptive parents are unwilling, unable, or unfit to care for the child. | ||
*The wishes of the natural or adoptive parents should be heeded unless there is a serious reason why they shouldn't be, as might be in the case | *The wishes of the natural or adoptive parents should be heeded unless there is a serious reason why they shouldn't be, as might be in the case where the wishes of the parents posed a threat to the child's health and safety. | ||
The common theme here is that there must be a real and substantial concern about the fitness of the natural or adoptive parents' ability to care for a child before that child is taken away from them and given to a third party. | The common theme here is that there must be a real and substantial concern about the fitness of the natural or adoptive parents' ability to care for a child before that child is taken away from them and given to a third party. | ||