The Endless Battle Of Child Custody

There are many aspects in family litigation that make any legal situation challenging and one of which is child custody. Even when couples have agreed to separate, the battle seems unending when children are involved. Both parties are fighting over their children, not knowing how to resolve matters relating to child custody. When it comes to custody disputes, there is one thing that must be kept in mind and that is the best interest of the child. This means that the court will decide based on moral and social situations and respective resources. 

There is also a general rule regarding awarding custody over children: "child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise."

However, this rule is not absolute. There are compelling reasons that may deprive a mother of the custody if the child is below seven years of age. Some examples of unsuitability are abandonment, drug addiction, unemployment, insanity and many more. 

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. 

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. (n)

Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)

Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. 

Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other.

Pinoy Attorney

Written by : Pinoy Attorney