Section 3010 Of Chapter 2. General Provisions From California Family Law Code >> Division 8. >> Part 1. >> Chapter 2.

. (a) The mother of an unemancipated minor child and the father, if presumed to be the father under Section 7611, are equally entitled to the custody of the child.
  (b) If one parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is entitled to custody of the child.