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Re: Custody of A Child

This document discusses parental authority over children and the circumstances under which it can change. It states that in the absence or death of one or both parents, parental authority falls first to the surviving grandparent, then oldest sibling or child's actual custodian. Parental authority can be terminated through adoption, guardianship, abandonment, or court order. The document also notes criminal liability for refusing to return a child to parents, defining the crime of kidnapping and failure to return a minor.

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98 views2 pages

Re: Custody of A Child

This document discusses parental authority over children and the circumstances under which it can change. It states that in the absence or death of one or both parents, parental authority falls first to the surviving grandparent, then oldest sibling or child's actual custodian. Parental authority can be terminated through adoption, guardianship, abandonment, or court order. The document also notes criminal liability for refusing to return a child to parents, defining the crime of kidnapping and failure to return a minor.

Uploaded by

olofuzyatotz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RE: CUSTODY OF A CHILD

Parental Authority mass of rights and obligations which parents have


in relation to the person and property of their children until their
emancipation, and even after this under certain circumstances.
In case of absence of either parent, the parent present shall continue
exercising parental authority. The remarriage of the surviving parent
shall not affect the parental authority over the children, unless the
court appoints another person to be the guardian of the person or
property of the children.
In case of absence, death or unsuitability of both parents, the surviving
grandparent shall exercise substitute parental authority over the minor
children.
SUBSTITUTE PARENTAL AUTHORITY
1. Surviving grandparent;
2. Oldest brother or sister over 21 yrs. Old, unless unfit or
disqualified;
3. Childs actual custodian over 21 yrs of age unless unfit or
disqualified.
Parental authority and responsibility may not be renounced or
transferred except in the cases authorized by law, such as:
1. Adoption;
2. Guardianship; or
3. Commitment of the child in an entity or institution engaged in
child care or in a childrens home.

Parental authority may be terminated:


1. Upon adoption of the child;
2. Upon the appointment of a general guardian for the child;
3. Upon judicial declaration of abandonment of the child (by the
parent exercising parental authority) in a case file for the
purpose;
4. Upon final judgment of a competent court divesting the parents
or parents of parental authority over the child; or
5. Upon judicial declaration of absence or incapacity of the parents
exercising parental authority over the child.

CRIMINAL LIABILITY (PERSON REFUSING TO RETURN THE CHILD


TO THE PARENTS)

KIDNAPPING AND FAILURE TO RETURN A MINOR (ART. 270)


Elements:
1. That the offender is entrusted with the custody of a minor
person;
2. That he deliberately fails to restore the said minor to his parents
or guardians.

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