When Mother of Child Can be Deprived of Custody?

As a general rule, a child under 7 years of age shall be in the custody of the mother (Art 213 of the Family Code). This is known as the maternal preference rule or tender-years-rule.

But this rule is not absolute and it has some exceptions, This includes finding compelling evidence showing the mother’s unfitness such as:

  • neglect
  • abandonment
  • unemployment
  • immorality
  • habitual drunkenness
  • drug addiction
  • maltreatment of the child
  • insanity
  • affliction with a communicable disease

See  Agnes Hirsch vs. CA and Franklin Hirsch (GR No. 174485, July 11, 2007)


About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Child Custody, Child Custody Rule, Children and Women, Family Code, Parental Authority, Question and Answers, When Mother of Child Can be Deprived of Custody? and tagged , , , . Bookmark the permalink.

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