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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

Scenario:

Alex and Carla have been married for five years and have a four-year-old son named Ethan. Recently, they have been experiencing marital problems, which resulted in constant arguments and disagreements. Due to their irreconcilable differences, they have both decided to file for legal separation.

As the legal separation proceedings begin, the issue of parental authority arises. Alex and Carla are concerned about how their separation will affect their roles as parents and their rights and obligations towards Ethan.

Question:

1. What are the factors that the court considers in determining the exercise of parental authority in cases of legal separation?

2. Discuss the effects of legal separation on the parental authority of Alex and Carla towards Ethan.




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Bar Review Question: III. PERSONS AND FAMILY RELATIONS: Parental Authority Scenario: Alex and Carla have been married