Parental Presumption and Child Custody Laws
Family law statutes can be hard to understand, and when you are fighting for custody of a child, you will need someone to advocate on your behalf. Cases involving parents and multiple guardians can become complicated, especially if a parent suddenly emerges after a long absence to reassert his or her rights. Continue reading to learn more about how child custody rulings are impacted by the parental presumption argument.
What Is Parental Presumption?
In the court of law, parental presumption is the argument that custody of a child should be granted to a fit biological parent rather than another person who may have a vested interest in the child. This is not a hard and fast rule, but it is often considered to be a standard in regards to child custody. For example, if a child lives with his or her father, and the father dies or loses custody, the court will normally award custody to the biological mother of the child, if she is fit and willing to be a parent.
What If a Parent Has Given Up His or Her Parental Rights?
Parental presumption does not apply to parents who have voluntarily given up their parental rights. If a biological parent is deemed unfit or has given up his or her rights, the court may elect to award custody to another family member or designated guardian. The parent who previously relinquished his or her parental rights may be tasked with proving to the court that he or she is now emotionally, financially, and morally fit to be a parent.
Other Factors to Consider
Parental presumption can be complex, especially in cases involving biological parents, grandparents, guardians, and/or step-parents. If a child has spent most of his or her life in the care of a non-parent, and a biological parent suddenly re-emerges and attempts to take custody, the child could face the prospect of having to leave the comfort of the only parent he or she has ever known.
Contact a Family Law Firm in the San Diego Area
If you are attempting to regain custody of your child, or an unfit parent is attempting to reclaim custody of a child you are currently caring for, you will undoubtedly need the legal aid of the Law Office of Thomas M. Huguenor. He is an established San Diego child custody attorney with nearly 35 years of direct legal experience. He has won numerous awards and acknowledgements, and has helped many clients in the San Diego, Del Mar, and La Jolla areas emerge from their family law cases victorious. Contact the law office today at (858) 458-9500.