Category Archives: Child Custody Rule

Family Code provisions on substitute parental authority of grandparents

  Articles 214 and 216 of the Family Code speak clearly of situations when grandparents can exercise substitute parental authority over their grandchildren: Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be … Continue reading

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Family Code provisions on parental authority

Articles 209 to 233 of the Family Code are the governing laws on parental authority. Below are some articles relevant to our discussion: Art. 209. Pursuant to the natural right and duty of parents over the person and property of … Continue reading

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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 … Continue reading

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