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Help me understand child custody

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1 Help me understand child custody on Sun Apr 24, 2016 1:44 pm


Arresto Menor
Some rules i read, say the child goes with the mother if he/she is under age 7

but # 211 of the family code says

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.(311a) chan robles virtual law library

"the father's decision shall prevail"

That sounds as if it would override the custody, if its the fathers decision to take the child? Can someone explain the difference and which one prevails and why.

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2 Re: Help me understand child custody on Mon May 02, 2016 12:00 pm

tsi ming choi

Reclusion Perpetua
Art 211 Is the general law as to the exercise of parental authority over the child. Likewise, it applies ONLY to cohabitation of the parents with the benefit of marriage. This applies under normal circumstances.

However, If there is no marriage OR when the relationship between husband and wife are not in good terms OR after the annulment or legal separation case was decided, then, the rule that the custody over the child below 7yrs old shall be by the mother will come into play.

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