The Right to Parent your Child
California has a presumption which states a parent is competent to care for his or her own children, unless it is shown and found that a parent is unfit to perform the duties imposed by the relation or has, by abandonment of the child, forfeited the natural custody rights. (Estate of Akers (1920) 184 Cal. 514, 519-522). The right to raise your own child was considered to be on par with other fundamental human rights. As such, the court weighed the interest of the children's biological parent in raising their child against the allegations brought forth by the petitioner for guardianship and held that the the petitioner's allegations were insufficient to infringe on the parental civil rights.