A Lesbian Wife Can Keep Her Son

Moral laxity. This is how the Supreme Court called lesbianism or sexual preference in the case of Gualberto v. Gualberto (2005, penned by then Chief Justice Panganiban). Thus, in the said case, mere lesbianism was not considered as a ground for withholding custody of the child from his mother.

Citing Sempio-Dy and American Law Reports (A.L.R.), the Court further held that:

 

“[N]ot even the fact that a mother is a prostitute or has been unfaithful to her husband would render her unfit to have custody of her minor child. To deprive the wife of custody, the husband must clearly establish that her moral lapses have had an adverse effect on the welfare of the child or have distracted the offending spouse from exercising proper parental care.”

And considering the foregoing reasoning, the Supreme Court disposed the case in this wise:

“[A]s we have ruled that Joycelyn has the right to keep her minor son in her custody, the writ of habeas corpus and the preliminary mandatory injunction prayed for by Crisanto have no leg to stand on. A writ of habeas corpus may be issued only when the “rightful custody of any person is withheld from the person entitled thereto,” a situation that does not apply here.”

DISCLAIMER: I have nothing against lesbianism. Ask my girlfriend. 😀
graphics: by midnight-child on deviantart

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