What is the order of preference in the award of custody?
The court may award provisional custody in the following order of preference:
The custodian temporarily designated by the court shall give the court and the parents five days notice of any plan to change the residence of the child or take him out of his residence for more than three days provided it does not prejudice the visitation rights of the parents. (Section 4, Rule on Provisional Orders, A.M. No. 02-11-12-SC)
- to both parents jointly;
- to either parent taking into account all relevant considerations under the foregoing paragraph, especially the choice of the child over seven years of age, unless the parent chosen is unfit;
- to the surviving grandparent, or if there are several of them, to the grandparent chosen by the child over seven years of age and of sufficient discernment, unless the grandparent is unfit or disqualified;
- to the eldest brother or sister over twenty-one years of age, unless he or she is unfit or disqualified;
- to the child’s actual custodian over twenty-one years of age, unless unfit or disqualified; or
- to any other person deemed by the court suitable to provide proper care and guidance for the child.
The custodian temporarily designated by the court shall give the court and the parents five days notice of any plan to change the residence of the child or take him out of his residence for more than three days provided it does not prejudice the visitation rights of the parents. (Section 4, Rule on Provisional Orders, A.M. No. 02-11-12-SC)