In custody disputes, what is the paramount criterion?


■ In all cases involving a child, his interest and welfare is always the paramount consideration. (Silva vs Court of Appeals, G.R. No. 114742, July 17, 1997


■ The Convention on the Rights of the Child provides that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

The principle of best interest of the child pervades Philippine cases involving adoption, guardianship, support, personal status, minors in conflict with the law, and child custody. In these cases, it has long been recognized that in choosing the parent to whom custody is given, the welfare of the minors should always be the paramount consideration. (Gualberto vs Gualberto, G.R. No. 154994, June 28, 2005)