is married to a man who is also a Filipino. She had 3 kids with him, from 3 to 6 years old. She suffers from bipolar disorder that has sometimes intervened with her daily activities and interactions. Her husband did not know about her condition. A few years after their marriage, she noticed that her husband had been distant and isolated from the rest of the family, barely interacting with his children. Because of this, he still did not notice her bipolar disorder. After growing more and more suspicious, she confronted him about it. He then admitted that he had been seeing another woman. She filed for nullity of marriage on the ground of her psychological incapacity. Husband did not contest the nullity of marriage case but fought for custody of their children. Her children wish to be with her due to the many instances of the absence of their father in their lives. However, her mental condition needs to be taken into consideration. Between the mother and father, who will have custody of their children?
My answer is the mother will be the one with custody of the 3 to 6 years old absent the proof of her inability to perform her parental obligation due to her mental condition. The law provides that no child below 7 years old shall be separated from the mother. Factors that can lead a court to deem a parent unfit include:
- Instances of abuse or neglect;
- Willing failure to provide the child with basic necessities or needs;
- Abandonment of the child or children; or.
- Exposing the child to emotionally harmful or psychologically damaging situations.
The Mental Health Act does not allow for discrimination simply because of their psychological condition. Neither does it make her unfit to be a mother simply because of her bipolar condition. It depends on how serious and what is in the best interest of the children.
So, if the mental condition affects the ability of the mother to care for her children, then the court may choose to award custody to the father.
/BR
Danica Escobiñas
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