Question

Mr. and Mrs. Santos have been married for 10 years and have a 6-year-old son, Miguel. Unfortunately, their marriage has been on the rocks, and they have decided to separate. They both want what is best for Miguel but cannot agree on the custody arrangements and exercise of parental authority. As their lawyer, advise them on the following scenarios:

1. Who has preferential right to custody of Miguel? Explain the factors considered in determining the best interest of the child.
2. Can Mr. Santos legally deny Mrs. Santos the exercise of parental authority over Miguel during their separation? Explain the rights and duties of parents with regards to parental authority.
3. What measures can be taken to resolve disputes concerning parental authority? Discuss the available remedies and processes under Philippine law.