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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSP. Parental Authority (Family Code, arts. 209-233)

Question

III. PERSONS AND FAMILY RELATIONS: Parental Authority

Question:

Marie and John are married and have a 5-year-old son named Ethan. Unfortunately, their relationship has turned sour and they are now contemplating separation. Marie wants to take sole custody of Ethan, while John insists on joint custody. They cannot come to a mutual agreement and have sought legal advice.

In this scenario, discuss the following:

  1. Define the concept of parental authority and its significance in the Philippines.
  2. What are the factors that the court considers in determining the custody of a child?
  3. What legal provisions can Marie and John use to assert their rights and preferences regarding custody?



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