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Question 7

2023 Bar · Civil Law · 1 sub-question

7. Anita is an entertainer in Empyrea, a men’s club and lounge. One evening, Billy, the exclusive patron of Anita, asked her out on a date outside of Empyrea. After spending the night together, Billy got Anita pregnant. A year after giving birth to Marisol and despite the vehement opposition of Billy, Anita went back to her previous job in Empyrea to support her child. Anita was able to provide a house, a nanny, and other necessities for Marisol. Billy, however, insisted that Anita no longer needed to work if she and Marisol stayed with him as he could provide for them. Since Anita refused to live with Billy, the latter filed a petition for custody of Marisol. Anita contended that illegitimate children are automatically under the sole custody and parental authority of the mother. On the other hand, Billy alleged that Anita is unfit to take care of Marisol given her line of work. If you are the judge, how will you decide the petition? Explain.

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