Q.

Amelia and Arsenio are married. Amelia went to the U.S. to work as a nurse in 2005. She left her two (2) children, Benjie and Cherry, 4 years old and 2 years old, respectively, with her parents, Danilo and Elenita. Later, because his parents-in-law, do not want to give his children to him, Arsenio, through trickery, was able to get his children from their maternal grandparents. Danilo and Elenita are claiming that they have a better right to have custody over Benjie and Cherry since they are financially capable of supporting the needs of the children. Can the grandparents claim back the children?

A. Yes, because the mother Amelia has transferred her parental authority over the children in favor of the grandparents.
B. Yes, because the grandparents are more financially capable of providing for the needs of the children.
C. No, because parental authority should be vested on the present parent, Arsenio.
D. No, because the children should be given back to their mother considering that being both less that 7 years of age, their mother must have custody over the children.
Answer» C. No, because parental authority should be vested on the present parent, Arsenio.
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