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

Question

Person and Family Relations: Parental Authority (Family Code, arts. 209-233)

In a recent case, Martin and Maricel got married and had a child named Miguel. However, their marriage soon encounter irreconcilable differences, and they decided to separate. Martin was granted sole parental authority over Miguel by the court.

After some time, Maricel filed a petition to revoke Martin's parental authority, claiming that he has been neglecting and mistreating Miguel. She presented evidence of Martin's failure to provide financial support and emotional care for their child.

Meanwhile, Martin argued that Maricel was an unfit mother due to her constant substance abuse and erratic behavior. He claimed that he has been fulfilling his duties as a parent and that removing him as the sole custodian of Miguel would be detrimental to the child's well-being.

Based on the given scenario and the provisions of the Family Code, specifically on parental authority, analyze and discuss the following:

  1. Can Maricel successfully file a petition to revoke Martin's parental authority over Miguel? Explain your answer.
  2. What factors will the court consider in determining the best interest of the child in this situation?
  3. In case the court decides to revoke Martin's parental authority, what are the possible alternative arrangements for the custody of Miguel?



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