Canonum De Ius Virtus Naturae
Canons of Bioethics Law

one heaven iconVI.   Homo Sapien Life

6.2 Homo Sapien Newborn

Article 108 - Custody of Newborn

Canon 5205 (link)

Custody of a newborn is the legal recognition of whom is considered to have the rights of immediate charge and control in the capacity as guardian.

Canon 5206 (link)

By default, both legal parents living together are recognized as guardians and therefore share common custody of a newborn. 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.

Canon 5207 (link)

All judicial authority concerning matters of resolving disputes concerning custody and the welfare of newborns is subject to these Canons.

Canon 5208 (link)

Unlike other periods of age, there exists no distinct and 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 newborn becomes a Child (at the age of 4).

Canon 5209 (link)

In the event of separation of legal parents and a dispute over custody of a newborn, sole custody shall always be granted to the legal mother of the newborn, 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 newborn; 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 newborn; or

(iii) A history of physical or mental abuse against children and evidence suggesting such a condition remains and may present a clear risk to the well being of the newborn; 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 newborn.