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.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s