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Deleted user

posted 2 years ago

PAU give a final demand for the custodial of the child to d father. But when we try to ask for assistant to police , suddenly that we can't get this kid back home. His mother didn't give or send any support to this kid starting she left ds kid aged 4months til 5th month of 2022. Is there any chance that we can push to get the kid? I and his father travelled here in mindanao from pampanga,luzon. Hoping and praying that u would help us. Thank you so much

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Philippines

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Family Law

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Deleted user

Lawyer

posted 2 years ago

Hi! yes, there is an exception to the rule of tender age presumption (mother has custody for children below 7y/o) when you can provide compelling reasons that the child be separated from the mother. Such proof can be used in case you will file petition for custody of minor children. In the meantime, you can seek assistance to DSWD to evaluate your claim that the mother left the kid without support and to initially determine who has the better custody. The spirit of the law on parental custody is always for the best interest of the child. Hope this helps.

Deleted user

Lawyer

posted 2 years ago

Hi! yes, there is an exception to the rule of tender age presumption (mother has custody for children below 7y/o) when you can provide compelling reasons that the child be separated from the mother. Such proof can be used in case you will file petition for custody of minor children. In the meantime, you can seek assistance to DSWD to evaluate your claim that the mother left the kid without support and to initially determine who has the better custody. The spirit of the law on parental custody is always for the best interest of the child. Hope this helps.

Deleted user

Lawyer

posted 2 years ago

Hi! Yes the law allows an exception in cases where there is compelling reasons that the child be separated from the mother. However, you have to prove such reasons in case you will file for petition for parental custody in court. I case you think you have strong proof, you can also ask nearest DSWD to seek assistance for evaluation purposes.

Deleted user

Lawyer

posted 2 years ago

Hi! Yes the law allows an exception in cases where there is compelling reasons that the child be separated from the mother. However, you have to prove such reasons in case you will file for petition for parental custody in court. I case you think you have strong proof, you can also ask nearest DSWD to seek assistance for evaluation purposes.

Deleted user

Lawyer

posted 2 years ago

Article 213 of the same Code provides for the so-called tender-age presumption,stating that "[n]o child under seven [(7)] years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.||| (Masbate v. Relucio, G.R. No. 235498, [July 30, 2018])

Deleted user

Lawyer

posted 2 years ago

Article 213 of the same Code provides for the so-called tender-age presumption,stating that "[n]o child under seven [(7)] years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.||| (Masbate v. Relucio, G.R. No. 235498, [July 30, 2018])

Deleted user

Lawyer

posted 2 years ago

Article 213 of the same Code provides for the so-called tender-age presumption,stating that "[n]o child under seven [(7)] years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.||| (Masbate v. Relucio, G.R. No. 235498, [July 30, 2018])

Deleted user

Lawyer

posted 2 years ago

Article 213 of the same Code provides for the so-called tender-age presumption,stating that "[n]o child under seven [(7)] years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.||| (Masbate v. Relucio, G.R. No. 235498, [July 30, 2018])

Deleted user

Lawyer

posted 2 years ago

he general rule is recommended in order to avoid many a tragedy where a mother has seen her baby torn away from her. No man can sound the deep sorrows of a mother who is deprived of her child of tender age. The exception allowed by the rule has to be for "compelling reasons" for the good of the child; those cases must indeed be rare, if the mother's heart is not to be unduly hurt.||| (Masbate v. Relucio, G.R. No. 235498, [July 30, 2018])

Deleted user

Lawyer

posted 2 years ago

Under the Family Code, if the child is below 7 years old, custody is given to the mother. This is called the Tender Age Presumption. Article 213 of the Family Code, states that "noo child under seven [(7)] years of age shall be separated from the mother||| (Masbate v. Relucio, G.R. No. 235498, [July 30, 2018])

Deleted user

Lawyer

posted 2 years ago

Under the Family Code, if the child is below 7 years old, custody is given to the mother. This is called the Tender Age Presumption. Article 213 of the Family Code, states that "noo child under seven [(7)] years of age shall be separated from the mother||| (Masbate v. Relucio, G.R. No. 235498, [July 30, 2018])

Deleted user

Lawyer

posted 2 years ago

Hello, good day. I just want to ask if the biological parents of the child are married? If they are not married, the custody of the child is to the mother only. Under the Family Code, the custody of an illegitimate child is under the mother only. Unless there are compelling reasons that the custody of the child will be transferred to the father.