kahit ba yung wife ang nag cheat sa mother p rin ba ang custody ng mga bata

[heyblue]

Main guideline for award of custody: Best interests of the child

Section 4 of the Supreme Court Rule on Provisional Orders states:

In determining the right party or person to whom the custody of the child of the parties may be awarded pending the petition, the court shall consider the best interests of the child and shall give paramount consideration to the material and moral welfare of the child.

The court may likewise consider the following factors:

(a) the agreement of the parties;

(b) the desire and ability of each parent to foster an open and loving relationship between the child and the other parent;

(c) the child’s health, safety, and welfare;

(d) any history of child or spousal abuse by the person seeking custody or who has had any filial relationship with the child, including anyone courting the parent;

(e) the nature and frequency of contact with both parents;

(f) habitual use of alcohol or regulated substances;

(g) marital misconduct;

(h) the most suitable physical, emotional, spiritual, psychological and educational environment; and

(i) the preference of the child, if over seven years of age and of sufficient discernment, unless the parent chosen is unfit.

[heyblue]

http://pinoytimes.ca/2010/11/the-phi...of-immorality/


ART. 213. 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.
No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.(underscoring supplied)
xxx. It should be noted that the Family Code has reverted to the Civil Code provision mandating that a child below seven years should not be separated from the mother xxx
unless
xxxThe mother has been declared unsuitable to have custody of her children in one or more of the following instances: neglect, abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity or affliction with a communicable disease.xxx

[Kaezreal]

Being an unfaithful wife doesn't make a bad mother.... COMMON SENSE.

--
my_2_cents

cge bigay na natin na di sya bad mother.. but still she falls under immorality and unemployment.. and bakit nya tinatago ang dalawang bata? para sa sustento? eh di mukha naman akong ***** nun. sya na nga ang nag cheat tapos tatago nya yung bata may pera pa sya. aping api naman ako sir!

[heyblue]

pre, huwag ka ng mkipagtalo..
you should look for a PAO na tapos gather mo yung mga pwedeng evidence.. and simulan mo na yun ngayon, time is essential..

[Kaezreal]

salamat sir i really appreciate it.. i'm making actions now!

[heyblue]

then go! balitaan mo nalang kami if my other problems ka pa or solved na siya..

[KnightTemplar86]

below seven, general rule the law says that custody goes to the mother, unless you can prove that the mother is unfit. In deciding for the custody of the child the paramount consideration is the child's welfare according to the SC.

there are enumeration in the family code on the ground for forfeiture of parental custody, check them.Other grounds are conviction of a crime with an imprisonment of more than 6 years, (im not so sure with the years) another is when the wife cohabits with another man other than the legal husband etc.