The Right to Raise your Children

    In January of 2010 the California Appellate Court considered the right of a parent to care for their children in considering an application for the appointment of a Guardianship. (Super. Ct. No. 30-2009-00265518-PR-GE-LJC).  In California, there is a strong presumption that a parent is competent to care for his or her children. 

    California has generally held that it is in the child's best interests to stay with their parents as opposed to being placed with strangers. However, if it can be shown and found that the parent is unfit to perform the duties imposed by the relation or has, by abandonment of the child, forfeited the natural right to custody a Guardianship may be appropriate. (Estate of Akers (1920) 184 Cal. 514, 519-522)

    Certainly the right to raise your children is of the highest importance to any parent. In order to obtain more information regarding parental custodial rights in California you should consult with an experienced Los Angeles probate attorney.

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