Custody over minors stems from parental authority

Custody over minors stems from parental authority "MAY I know the custody rights of a father over his legitimate minor children in case his marriage with their mother is dissolved? ThonyDear Thony, Marriage is dissolved when one of the spouses dies, when the marriage is annulled or when it is declared null and void.Under the Family Code, the parental authority and responsibility of parents shall include the caring for and rearing of their children for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being (Article 209, Family Code). The parents have the right and duty to keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means (Article 220 [1], Family Code). The right of parents over the custody of their minor children is a consequence of their right to exercise parental authority over the said children. The father and the mother shall jointly exercise parental authority over the persons of their common children. But in case of death of one of the parents the parent present shall continue exercising parental authority. In case of remarriage of the surviving parent, the latter’s parental authority shall not be affected, unless the court appoints another person to be the guardian of the person of the children (Article 211 and 212 Family Code). In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit (Article 213, Family Code). The court shall also give paramount consideration to the moral and material welfare of the said children and shall provide for appropriate visitation rights of the other parent (Article 49, Family Code). But no child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise (Article 214, Family Code). The separation pertaining thereto may refer to dissolution of marriage by annulment or declaration of nullity of marriage or if the court grants legal separation to the spouses. However, the above cited provisions on parental authority shall not be applicable if the child is illegitimate because under Article 176 of the Family Code he shall be under the parental authority of his mother (Article 176, Family Code).We wish to remind you that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are elaborated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/