18/03/2022
Law School Journey 003 (CUSTODY DISPUTE: CHILDโS BEST INTEREST)
BBB Vs. AAA
(G.R. No. 193225 dated February 9, 2015)
This Case is talk about the custody of the children, and to whom it will be awarded.
under Article 213 of the FAMILY CODE OF THE Philippines, states that โIn 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. No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.โ
Article 213 deals with two (2) situations, namely when the child is seven years old or above, and when he is under seven years of age.
In the first situation, the childโs choice of a parent with whom he will stay shall be considered by the court, among others, but it shall not be bound by such choice.
Together with Ms. Marwa Indad
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