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    Proceedings As To The Child Whose Parents Are Separated. Appeal. - When Husband and Wife Are

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    Aj Gempero
    This document outlines proceedings for determining child custody when parents are separated or divorced. It states that the court shall award custody based on the best interests of the child, allowing children over 10 to choose which parent they prefer to live with, unless that parent is unfit due to moral depravity, drunkenness, incapacity or poverty. If both parents are unfit, the court may designate a grandparent, sibling or reputable person for custody. The court may also order support from the non-custodial parent. Either parent may appeal the order. Children under 7 cannot be separated from their mother without compelling reasons. The document also discusses proceedings for vagrant or abused children.

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    Proceedings As To The Child Whose Parents Are Separated. Appeal. - When Husband and Wife Are

    Uploaded by

    Aj Gempero
    31 views2 pages
    This document outlines proceedings for determining child custody when parents are separated or divorced. It states that the court shall award custody based on the best interests of the child, allowing children over 10 to choose which parent they prefer to live with, unless that parent is unfit due to moral depravity, drunkenness, incapacity or poverty. If both parents are unfit, the court may designate a grandparent, sibling or reputable person for custody. The court may also order support from the non-custodial parent. Either parent may appeal the order. Children under 7 cannot be separated from their mother without compelling reasons. The document also discusses proceedings for vagrant or abused children.

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    Original Title

    Rule 99

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    This document outlines proceedings for determining child custody when parents are separated or divorced. It states that the court shall award custody based on the best interests of the child, allowing children over 10 to choose which parent they prefer to live with, unless that parent is unfit due to moral depravity, drunkenness, incapacity or poverty. If both parents are unfit, the court may designate a grandparent, sibling or reputable person for custody. The court may also order support from the non-custodial parent. Either parent may appeal the order. Children under 7 cannot be separated from their mother without compelling reasons. The document also discusses proceedings for vagrant or abused children.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views2 pages

    Proceedings As To The Child Whose Parents Are Separated. Appeal. - When Husband and Wife Are

    Uploaded by

    Aj Gempero
    This document outlines proceedings for determining child custody when parents are separated or divorced. It states that the court shall award custody based on the best interests of the child, allowing children over 10 to choose which parent they prefer to live with, unless that parent is unfit due to moral depravity, drunkenness, incapacity or poverty. If both parents are unfit, the court may designate a grandparent, sibling or reputable person for custody. The court may also order support from the non-custodial parent. Either parent may appeal the order. Children under 7 cannot be separated from their mother without compelling reasons. The document also discusses proceedings for vagrant or abused children.

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    Section 6.

    Proceedings as to the child whose parents are separated. Appeal. — When husband and wife are
    divorce or living separately and apart from each other, and the question as to the care, custody, and
    control of a child or children of their marriage is brought before a Court of First Instance by petition or
    as an incident to any other proceeding, the court, upon hearing the testimony as may be pertinent,
    shall award the care, custody, and control of each such child as will be for its best interest, permitting
    the child to choose which parent it prefers to live with if it be over ten years of age, unless the
    parent so chosen be unfit to take charge of the child by the reason of:

     Moral depravity,

     Habitual drunkenness,

     Incapacity, or

     Poverty.

    If, upon such hearing, it appears that both parents are improper persons to have the care, custody,
    and control of the child, the court may either designate

     The paternal or maternal grandparent of the child, or

     His oldest brother or sister, or

     Some reputable and discreet person

    To take charge of such child, or commit it to any suitable asylum, children's home, or benevolent
    society.

    The court may in conformity with the provisions of the Civil Code order either or both parents to
    support or help support said child, irrespective of who may be it custodian, and may make any order
    that is just and reasonable permitting the parent who is deprived of its care and custody to visit the
    child or have temporary custody thereof. Either parent may appeal from an order made in
    accordance with the provisions of this section. No child under seven years of age shall be separated
    from its mother, unless the court finds there are compelling reasons thereof.

    Section 7

    Proceedings as to vagrant or abused child. — When the parents of any minor child are:

     Dead; or

     By reason of long absence; or

     Legal or physical disability have abandoned it; or

     Cannot support it through vagrancy, negligence, or misconduct; or


     Neglect or refuse to support it, or treat it with excessive harshness; or

     Give it corrupting orders, counsels, or examples, or cause; or

     Allow it to engage in begging; or

     To commit offenses against the law;

    the proper Court of First Instance, upon petition filed by some reputable resident of the province
    setting forth the facts, may issue an order requiring such parents to show cause, or, if the parents
    are dead or cannot be found, requiring the fiscal of the province to show cause, at a time and place
    fixed in the order, why the child should not be taken from its parents, if living; and if upon the hearing
    it appears that the allegations of the petition are true, and that it is order taking it from its parents, if
    living; and committing it to any suitable orphan asylum, children's home, or benevolent society or
    person to be ultimately placed, by adoption or otherwise, in a home found for it by such asylum,
    children's home, society, or person.

    Section 8. Service of judgment. — Final orders or judgments under this rule shall be served by the
    clerk upon the civil registrar of the city or municipality wherein the court issuing the same is situated.

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