Child Custody

The instance/s that the mother of a child below seven (7) years old can  be deprived of the child’s custody.

Custody of a child below seven (7) years of age belongs to the mother. This is  known as the maternal preference rule. However, it admits of certain exceptions. Article 214 of the Family Code says for “compelling reasons”, such custody may be denied and granted to another party. The doctrinal rule enunciated by the Supreme Court in the case of Tonog vs. Court of Appeals (G.R. No. 122906, February 7, 2002) enumerated some of these compelling reasons as “neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness.” In the said instances, a mother can therefore be deprived of the child’s custody. Continue reading “Child Custody” →

Domestic Violence

Domestic violence (violence against women and their children)

The law protecting Women and their Children against some form of violence

This is RA 9262 known as “Violence against women and their children”. It defines violence as any act or series of acts committed by any person against a woman with whom the person has or had a sexual or dating relationship, with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Continue reading “Domestic Violence” →