The mother filed for a petition to remand the custody of the child from the father to her. The mother is the petitioner in this case, when she worked abroad, she left the child to the respondent father. The child was Gardin Faith, an illegitimate child of both parties.
Proceedings:
Father filed for guardianship, trial court granted.
Mother filed, trial court reversed.
CA gave custody of the child back to the father on ground that child has been living with the father since birth.
• “It would certainly wreak havoc on the child’s psychological make-up to give her to the mother”
Issue:
Who should have custody of the child?
Ruling:
Petition is hereby DENIED. The trial court is directed to immediately proceed with hearing Sp. Proc. No. Q-92-11053. (Remanded?)
SC and CA: Temporary custody is to the father.
- Final custody is to be determined by the trial court to determine the question of fact whether mother is a fit parent for her child to be properly entertained in the special proceedings before the trial court. SC only rules on questions of law, not on parties’ respective merits.
- Gardin Faith now exceeded the statutory bar of 7 yrs old – her choice of parent is fortiori
- Caution: Our pronouncement does not mean our preference to the father, but temporary custody.
- Mother argues she has custody as a matter of law.
- SC:
- The illegitimate minor was below 7 then, but now, she’s 12 years old
- In custody disputes, the paramount criterion is the welfare of the child. The court must consider the resources, moral and social situations of the contending parents.
- Article 220: Parents have the following duties … (1) To keep them in their company
Father’s role not denigrated
- Laws mostly favor the mothers and even presumes mothers are the best custodians [Article 176 FC, 213 FC]
- But this does not denigrate the role of the fathers in the upbringing of the children for the court recognizes both to “complement each other in nurturing and providing care which takes into account the total well being of the child.”
- Law and jurisprudence does not intend to downplay a father’s sense of loss when he is separated from his child
- Even a mother can be deprived of custody for “compelling reasons”. “The Court shall take into account all relevant considerations…unless the parent chosen is unfit. [Art 213]”
English