Parental Authority Jointly exercised by father and mother In case of disagreement, fathers decisions prevails Cannot be waived except

in: a) Adoption b) Guardianship c) Surrender to a childs home or orphan institution In case of remarriage of surviving parent, new spouse must adopt child In case of separation, shall be exercised by parent designated by the court No child under 7 yrs. of age may be separated from the mother, unless the court finds compelling reasons to Remedy to recover custody = habeas corpus Parental Preference Rule Natural parents of good moral character and can provide for the child are entitled to custody over all persons (including relatives) Maternal Preference the law generally prefers the mother so long as she is fit & proper in taking custody of the child no child under 7 shall be separated from mother unless court finds compelling reasons to order otherwise (by positive and

Substitute Parental Authority In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court shall exercise the authority. In default of parents, the following shall exercise substitute parental authority in the order indicated: 1) The surviving grandparent 2) The oldest brother or sister, over 21 yrs. of age 3) The childs actual custodian (Order above is not mandatory. Subject to best interest of the child.) In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages and similar institutions

Special Parental Authority The school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. The above shall be principally and solidarily liable for the damages cost by the acts and omissions of the minor.

clear evidence of unfitness) serves as tiebreaker when the parental qualities are so equally balanced but all subject to the rule on best interest of the child (paramount consideration)