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No response to summon seeking sole custody over children

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Redeemed


Arresto Menor
If no response was given following a summon seeking for parental authority and sole custody over a child/children, is the respondent criminally liable or does he or she just loses the case by default?

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Jadis

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Reclusion Perpetua
Does the petition include a prayer for the issuance of a writ of habeas corpus?

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Jadis

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Reclusion Perpetua
There is no criminal liability and there is no judgement by way of default. What the petitioner will be allowed to do is present evidence ex parte to prove that it is in the best interest of the child that the petitioner has custody.

If the child is legitimate, under seven, and the respondent is the mother, there has to be compelling reason why the child's custody should go to someone else.

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