What is the rule as to custody of children over 7 years of age?
■ In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (Art. 213, Family Code)
■ If older than seven years of age, a child is allowed to state his preference, but the court is not bound by that choice. The court may exercise its discretion by disregarding the child's preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person. (Tonog vs Court of Appeals, G.R. No. 122906, February 7, 2002)