Practice question
A child over seven with sufficient discernment expresses a custody preference. Credible evidence raises the chosen parent's unfitness. A litigant claims the preference is conclusive regardless of that evidence. Which is correct under the factors discussed in Carnabuci?
- Preference invariably overrides every welfare factor.
- Unfitness can never be considered.
- Preference is considered with the rule's unfitness qualification and the child's overall best interests.
- Only the adult's wealth may be considered.
- The court must ignore the child's voice entirely.
Legal references
- https://lawphil.net/judjuris/juri2024/jul2024/gr_266116_2024.html — G.R. 266116, July 22, 2024, main opinion, discussion of custody-rule Section 14.
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