VI. Homo Sapien Life
6.2 Homo Sapien Infant
Article 108 - Custody of Infant
By default, both legal parents living together are recognized as guardians and therefore share common custody of an infant. However, should a dispute occur between the legal parents, it shall be the right of a judicial authority to resolve any disputes concerning custody in accordance with these Canons.
All judicial authority concerning matters of resolving disputes concerning custody and the welfare of infants is subject to these Canons.
Unlike other periods of age, there is no such thing as separate custody rights for each legal parent as a guardian, only common custody rights that exist while both parents live together in union. Therefore, in the event of a dispute over custody, only one legal parent may be granted by a competent judicial authority sole custody until the Infant becomes a Child.
In the event of separation of legal parents and a dispute over custody of an infant, sole custody shall always be granted to the legal mother of the infant, unless one or more of the following conditions exist in which case sole custody shall be granted to the legal father:
(i) A history of diagnosed mental illness and evidence suggesting such a condition remains and may present a clear risk to the well being of the infant; or
(ii) A history of drug abuse and evidence suggesting such a condition remains and may present a clear risk to the well being of the infant; or
(iii) A history of physical abuse against children and evidence suggesting such a condition remains and may present a clear risk to the well being of the infant; or
(iv) A history of relationships with partners who are identified as having one or more of the above conditions and evidence suggesting such a relationship now exists and may present a clear risk to the well being of the infant.


