In determining the custodial rights of a child below 18 years old in a divorce petition, the judge based on a number of presumption of law. The presumption is that Children below seven (7) years old are presumed to be better off with their mother, unless she is proven to be unfit. The older children’s wishes may be considered if the court feels they are mature enough to understand the implications of their decision.
When looking into the well- being of the children, the Court may consider:
1. Children’s preference to stay with either parent (if they are above seven years old);
2. Maintaining status quo of children, to avoid disruption of the children’s daily routine;
3. The Welfare Report, if applicable;
4. The proximity and closeness of the children to their extended family members;
If the wife is granted custodial right, reasonable access to children shall be given to the husband, and vice versa. Alternatively husband and wife may opt to make fixed arrangements or have joint custody.
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