Practice question
A child freely stays with a third person, while a parent brings habeas corpus to determine the right to custody. Does the absence of prison-like physical restraint alone categorically defeat the child-custody remedy?
- Yes, only criminal prisoners may invoke habeas corpus.
- Yes, every willing child controls all custody rights.
- Yes, a third person's custody is always final.
- Yes, family courts cannot decide custody.
- No; the child-custody use concerns rightful custody and welfare, distinct from the ordinary adult illegal-restraint rationale.
Legal references
- https://lawphil.net/judjuris/juri2024/jul2024/gr_266116_2024.html — G.R. 266116, July 22, 2024, main opinion.
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